Foster v. State

I respectfully dissent to the opinion of the majority.

To my mind the two statutes there referred to, 59 O.S. 1971, § 1330 and 59 O.S. 1971, § 1326(b) are not mutually exclusive but rather by the Legislature were intended to form a composite.

I respectfully suggest the case of Russell v. State, Okl, 488 P.2d 1264 (1971) should be overruled. See dissenting opinion of Hodges, C. J., then V. C. J. in case of Foster v. State, Okl, 551 P.2d 1119, 1121 (1976).

Having become aware of what I believe to be the unlawful and harmful effect of the holding in Russell in that it denies a surety the right to…