Wishon v. State

(dissents) :

I dissent to this decision because I have reached the conclusion that 21 O.S.Supp. 1973, § 701.1, ¶ 9, cannot be correctly interpreted to apply to the facts of this case. I believe now that my concurrence in Jones v. State, Okl.Cr., 542 P.2d 1316, was, for the same reason, ill-considered. On reconsideration I would dissent to that decision.

This case brings us again the question of whether it is the intent of 21 O.S.Supp. 1973, § 701.1, |f 9, to classify every premeditated killing of a child under seventeen (17) years of age as murder in the first degree, punishable by mandatory…