Opinion

State v. Matthews

62 O.B.A.J. 944
808 P.2d 691
1991 OK CR 32
1991 Okla. Crim. App. LEXIS 34
1991 WL 35103

Court: Court of Criminal Appeals of Oklahoma
Filed: Mar 15, 1991
Status: Published
Author: Johnson
On the bench: Brett, Lane, Lumpkin, Parks, Johnson
Cited by: 0 cases

The opinion

JOHNSON,

Judge, concurs in part/dissents in part.

While I agree with the court in affirming the dismissal of the charges as it relates to 21 O.S.1981, § 341, I do wish to dissent as to dicta statements in the opinion that the appellee’s were not guilty of any other crimes that may have been committed. I do not believe the facts bear this out; there are possible prosecutions under other statutory sections (such as 21 O.S.1981, § 1454, Embezzlement by Trustee) that could come into play and the court should not make any statements as to other possible crimes or offenses and to that portion I dissent.

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