# Burks v. State

> Court of Criminal Appeals of Oklahoma · September 7, 1977 · 568 P.2d 1311

URL: https://www.frixlaw.com/law-library/cases/5153749

## Case

- **Full name:** Samuel Rayfael BURKS v. The STATE of Oklahoma
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** September 7, 1977
- **Citations:** 568 P.2d 1311; 1977 OK CR 270; 1977 Okla. Crim. App. LEXIS 610
- **Precedential status:** Published
- **Opinion:** Concurrence by Brett
- **Judges:** Brett, Bussey, Results
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5153749

## Opinion text

BRETT, Judge,
concurring in results.
Because the defendant failed to raise as a defense “former jeopardy” I am bound to concur in the results of this decision. Had the affirmative defense been raised, I would dissent as I did in Hill v. State, supra, and Draper v. State, supra.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5153749. Public record. Not legal advice.