Carter v. State

While I agree that this conviction must be reversed, I cannot join in the majority’s ultimate disposition of this case. Judge Parks is correct in pointing out that the information charged appellant under 21 O.S.1981, § 741(3): intent to hold a person to service against his will. The information was not amended, and that was the charge read to the jury in the State’s opening statement. This is a specific intent crime, and that element must be proved by the State. I must agree that the record does not support finding this element.

However, the jury was instructed under § 741(1): intent to…