Edwards v. State

On Petition for Rehearing

POWELL, Judge.

Counsel for defendant vigorously contends that this court did not give due consideration to the cases of Branson v. State, Okl.Cr., 270 P.2d 362, and Ellsworth v. State, Okl.Cr., 295 P.2d 296, cited by defendant. It is argued:

“In support of the opinion that the cases involving subterfuge were not applicable, the court appears to take at face value the testimony of officer Bliss to the effect that the reasons *1030for following Edwards and stopping him was to arrest him for not having a driver’s license. Surely, this court is too familiar with this type of…