# Futerll v. State

> Court of Criminal Appeals of Oklahoma · September 28, 1972 · 501 P.2d 901

URL: https://www.frixlaw.com/law-library/cases/9550170

## Case

- **Full name:** James Madison FUTERLL, Appellant, v. the STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** September 28, 1972
- **Citations:** 501 P.2d 901; 1972 OK CR 258; 1972 Okla. Crim. App. LEXIS 648
- **Precedential status:** Published
- **Opinion:** Dissent by Brett
- **Judges:** Bussey, Simms, Brett
- **Cited by:** 8 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/9550170

## Opinion text

BRETT, Judge
(dissents).
This is another example of the prosecution’s multiple trials at the taxpayer’s expense. For that reason I added the special concurrence on defendant’s conviction for first-degree rape, which is reported in 493 P.2d 1139 . The several offenses committed by defendant arose out of a single transaction, which should have been prosecuted under one information, with the several offenses being listed under separate counts. It is for that reason I am compelled to dissent to this decision.
The offenses committed by this defendant were of a heinous nature for which the defendant should receive punishment, but that punishment should be meted out in accordance with the proper administration of the law. I believe the law should not be bent and twisted to conform to the desires of the prosecution, notwithstanding the contention that the offenses are separate and distinct offenses. The statutes provide the means to accomplish the prosecution of these separate offenses, and this Court should require that they be followed. Until the statutes are followed, the costs for the administration of justice will continue to rise. Also, I must dissent herein because this Court held in Householder v. Ramey, Okl.Cr., 485 P.2d 247 (1971) : “Where defendant was convicted of kidnapping for purpose of extorting thing of value, namely rape of the victim, he could not be tried separately for the rape, which was incident included within the crime for which he was convicted.”
With reference to the 300 year sentence, I believe it is patently excessive, as set out in my special concurrence in Callins v. State, 500 P.2d 1333 (1972).
Therefore, I am compelled to respectfully dissent to this decision, as I view and interpret the law.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9550170. Public record. Not legal advice.