Mathieus v. State

I must respectfully dissent to the Court’s decision in this case. The facts of this case are distinguishable from the facts presented in Moreau v. State, 530 P.2d 1061 (Okl.Cr.1975), Webb v. State, 746 P.2d 203 (Okl.Cr.1987), and McDoulett v. State, 685 P.2d 978 (Okl.Cr.1984), which the court cites in determining it was reversible error to fail to give a cautionary eye-witness instruction in this case. In each of those cases the defendant committed the crime, fled, and at a later date was apprehended, with the requirement that the eye-witness identify the defendant after a passage of time. In…