Legal Opinion · Dissent

Grist v. State

Court of Criminal Appeals of Oklahoma

Decided May 21, 1973No. A-17804Published

1DissentBrett, Judge

I respectfully dissent to this decision. Title 22 O.S.1971, § 1162, provides:

“When an indictment or information is called for trial, or upon conviction the *971defendant is brought up for judgment, if a doubt arise as to the sanity of the defendant, the court must order a jury to be impaneled from the jurors summoned and returned for the term, or who may be summoned by direction of the court, to inquire into the fact.”

The following section, § 1163, provides: “The trial of the cause or the pronouncing the judgment, as the case may be, must be suspended until the question of insanity is determined…

2Cases cited8 opinions

  1. Fontaine v. United StatesSupreme Court of the United States · 1973
  2. Dare v. StateCourt of Criminal Appeals of Oklahoma · 1963
  3. Johnson v. StateCourt of Criminal Appeals of Oklahoma · 1942
  4. Jones v. StateCourt of Criminal Appeals of Oklahoma · 1971
  5. Signs v. StateCourt of Criminal Appeals of Oklahoma · 1926

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