Legal Opinion · Dissent

Thomas v. State

Court of Criminal Appeals of Oklahoma

Decided November 20, 1980No. F-79-203Published

1DissentBrett, Judge

I must respectfully dissent on the basis of the evidence of another, unrelated crime, which evidence necessitates reversal of this conviction.

The appellant alleges that the trial court improperly admitted the testimony of Leonard Reames regarding another crime allegedly committed by the appellant. Reames testified on rebuttal that the appellant held up his liquor store in Blanchard, Oklahoma, at 8:20 p. m. on January 13, 1978. The defense’s objections were overruled.

As a rule, a defendant put on trial for one offense is to be convicted, if at all, by evidence of that offense only. Atnip v.…

2Cases cited11 opinions

  1. Burks v. StateCourt of Criminal Appeals of Oklahoma · 1979
  2. Roulston v. StateCourt of Criminal Appeals of Oklahoma · 1957
  3. Atnip v. StateCourt of Criminal Appeals of Oklahoma · 1977
  4. People v. FuerbackAppellate Court of Illinois · 1966
  5. The People v. DealIllinois Supreme Court · 1934

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