Opinion

Williams v. State

  • 648 P.2d 843
  • 1982 OK CR 107
  • 1982 Okla. Crim. App. LEXIS 305
Court
Court of Criminal Appeals of Oklahoma
Filed
Jul 15, 1982
Status
Published
Author
Bussey
On the bench
Cornish, Brett, Bussey
Cited by
8 cases
Authority
More cited than 5.3%

The opinion

BUSSEY, Judge,

specially concurring:

In Roberts, supra, we stated:

Although this Court has referred to the Pennsylvania test in Moreau v. State, supra, and Hall v. State, Okl.Cr. 565 P.2d 57 (1977), we have never expressly adopted it, but, to the contrary, rejected arguments that the facts in Moreau and Hall required the giving of such an instruction. The facts in the instant case do not require our adoption or rejection of the test in Kloiber for the reason that the *846 evidence, like the evidence in Moreau and Hall , is positive, and the inconsistencies at all-to consider whether a cautionary instruction should be given. Some jurisdictions decline to give the cautionary instruction for the reason that it might tend to invade the province of the jury. We await a proper case in which to address this issue.

The facts in the instant case, like those in Roberts, do not present a proper case in which to address this issue. There being no error which would justify modification or reversal, I concur in the affirmance of the judgment and sentence.

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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