Opinion

Garcia v. State

  • 43 O.B.A.J. 3017
  • 501 P.2d 1128
  • 1972 OK CR 174
  • 1972 Okla. Crim. App. LEXIS 654
Court
Court of Criminal Appeals of Oklahoma
Filed
Oct 26, 1972
Status
Published
Author
Bailey
On the bench
Bussey, Bailey, Brett
Cited by
8 cases

The opinion

BAILEY, Special Judge

especialy concurring) .

The Constitution of this State and the Constitution of the United States, both assure that one charged with crime, is entitled to a fair trial. He is not guaranteed a perfect trial, a trial free from all imperfections. Our system of criminal justice is not so precise or exact as will permit every trial to be tried without error at all. In fact it might be said with great accuracy that no trial is perfectly tried.

To insure a defendant something more than a fair trial would place an intolerable burden on those officials charged with enforcement of our laws, and would effectively frustrate any law enforcement. Without enforcement of our laws the law of the jungle would prevail and sheer anarchy would be the unbearable result. Therefore in an organized society the most protection that we can accord our citizens is to guarantee a fair trial by an impartial jury.

Abelardo Llamas Garcia had a fair trial in this case. Those errors urged by defendant for reversal have been carefully examined and it is my opinion that his constitutional rights were protected and error of such a grievous consequence as to require a reversal did not occur. It is apparent that the trial court zealously sought to assure that the defendant received as fair a trial as the facts and circumstances would permit. The evidence of the defendant’s guilt is clear and convincing and finding no reversible error, I respectfully concur with the opinion expressed herein.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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