Legal Opinion · Dissent

Crabtree v. State

Court of Criminal Appeals of Oklahoma

Decided November 17, 1958No. A-12589Published

1DissentNix, Judge

A close examination of the record precludes me from agreeing with Judge POWELL’s conclusion that defendant’s contention that the trial judge failed to admonish the jury as required by statute was erroneous. The transcript of the record which was sworn to as being a full, true and correct transcript of all the proceedings does not reveal that such admonition was given. However, the transcript does reflect that after the jury was permitted to separate, the defense counsel made the following motion:

“If your honor please, at this time comes now the defendant and objects to the continuing of this…

2Cases cited4 opinions

  1. Ridley v. StateCourt of Criminal Appeals of Oklahoma · 1911
  2. Rutherford v. StateCourt of Criminal Appeals of Oklahoma · 1952
  3. Brink v. Territory of OklahomaSupreme Court of Oklahoma · 1895
  4. Redman v. Territory of OklahomaSupreme Court of Oklahoma · 1894

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