Legal Opinion · Concurring in part, dissenting in part

Miller v. State

Court of Criminal Appeals of Oklahoma

Decided February 19, 1992No. F-88-570Published

1Concurring in part, dissenting in part

LUMPKIN, Vice-Presiding Judge,

concurs in part/dissents in part.

I concur in the results reached by the Court in this case, however, I cannot join in the Court’s quantum leap into the antiquity of “code pleading”. The Court consciously disregards the plain language of the statutes involved and amends the statutes with a technical word of interpretation which was not confined within the intent of the statute or the Oklahoma Constitution.

Appellant alleged on appeal that the information was fatally defective as it did not charge all of the elements of the offense of attempted pandering,…

2Cases cited37 opinions

  1. Star v. StateCourt of Criminal Appeals of Oklahoma · 1913
  2. State v. SowardsCourt of Criminal Appeals of Oklahoma · 1938
  3. Nealy v. StateCourt of Criminal Appeals of Oklahoma · 1981
  4. Warren v. StateCourt of Criminal Appeals of Oklahoma · 1923
  5. Holloway v. StateCourt of Criminal Appeals of Oklahoma · 1979

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