# Williams v. State

> Court of Criminal Appeals of Oklahoma · October 29, 1969 · 461 P.2d 997

URL: https://www.frixlaw.com/law-library/cases/9541531

## Case

- **Full name:** Donald Keith WILLIAMS, Plaintiff in Error, v. the STATE of Oklahoma, Defendant in Error
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** October 29, 1969
- **Citations:** 461 P.2d 997; 1969 OK CR 291
- **Precedential status:** Published
- **Opinion:** Concurrence by Brett
- **Judges:** Bussey, Brett, Nix
- **Cited by:** 76 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/9541531

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9541531. Public record. Not legal advice.