The opinion
HODGES, Justice
(concurring in part, dissenting in part).
I agree with the majority opinion that our court misinterpreted 12 O.S.1971, § 1081(b) in the case of State v. District Court of Mayes County, 440 P.2d 700 , and that it should be overruled. However, Plaintiff’s constitutional right to rely on the case leads me to a conclusion that the majority opinion should be applied prospectively only.
I am authorized to state that Justice WILLIAMS concurs in the views herein expressed.