Johnson v. State

I believe the judgment of the trial court in this case should be affirmed. A reversal of the case fails to attach the proper relative importance to a principle of law which I believe should control our conclusion and lead to a different result.

It is an elementary rule of appellate procedure that a case will not be reviewed in this court on a different theory from that on which it was tried in the court below. Morrison et al. v. Atkinson et al., 16 Okla. 571, 85 P. 472, 8 Ann. Cas. 486; Board of Com’rs of Pottawatomie County v. Henderson, 66 Okla. 282, 168 P. 1007; Poison v. Revard et al., 104…