holding statute similar to art. 37.07, § 4 unconstitutional because it violates separation of powers provision virtually identical to the Texas constitution’s separation of powers provision
How later courts described this case
- holding statute similar to art. 37.07, § 4 unconstitutional because it violates separation of powers provision virtually identical to the Texas constitution’s separation of powers provision
Written by the judges who cited it.
The opinion
BRETT, Presiding Judge
(specially concurring) :
I concur in the opinion rendered by my learned colleague. However, I would go so far as to state it is my opinion the instruction required by 57 O.S.Supp.1968 § 138, is unconstitutional in that it requires the judiciary to invade the province of the Executive Branch of government. Also, as Judge Bussey points out in his opinion, it is highly prejudicial to the defendant and can only result in the necessity of modification of sentence, when the sentence is clearly excessive, as in the instant case.