# Irvin v. State

> Court of Criminal Appeals of Oklahoma · August 29, 1980 · 617 P.2d 588

URL: https://www.frixlaw.com/law-library/cases/9538327

## Case

- **Full name:** Warner Houston IRVIN, Sr., Appellant, v. the STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** August 29, 1980
- **Citations:** 617 P.2d 588; 1980 OK CR 70; 1980 Okla. Crim. App. LEXIS 187
- **Precedential status:** Published
- **Opinion:** Dissent by Bussey
- **Judges:** Cornish, Brett, Bussey
- **Cited by:** 84 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/9538327

## Opinion text

BUSSEY, Judge,
dissenting:
I respectfully dissent. When the judge ascertained that the verdict was not a proper one, i. e., non-unanimous, he complied with the provisions of 22 O.S.1971, § 922 by sending the jury back out to deliberate.
The only proper verdict returned in the penalty stage of this case was the verdict of death, and it was amply supported by the evidence presented in aggravation punishment by the State.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9538327. Public record. Not legal advice.