Legal Opinion · Concurrence

Dunn v. State

Court of Criminal Appeals of Oklahoma

Decided September 6, 1973No. M-73-92Published

1ConcurrenceBrett, Judge

(specially concurring) :

I concur in this decision for the reason the bond forfeitures in the Municipal Court did not constitute a conviction. The citation offered by defendant from Smith v. State, Okl.Cr., 453 P.2d 307 (1969), was the' editor’s syllabus. The Smith decision was premised, in part, upon Torbett v. State, Okl.Cr., 449 P.2d 725 (1969), wherein this Court stated, at page 727:

“We do not believe that a bond forfeiture, intentional or otherwise, in Municipal Court, is tantamount to a conviction. A bond forfeiture is by its very nature a civil proceeding and does not terminate the…

2Cases cited2 opinions

  1. Smith v. StateCourt of Criminal Appeals of Oklahoma · 1969
  2. Torbett v. StateCourt of Criminal Appeals of Oklahoma · 1969

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