# Stout v. State

> Court of Criminal Appeals of Oklahoma · September 11, 1991 · 62 O.B.A.J. 2749

URL: https://www.frixlaw.com/law-library/cases/9560111

## Case

- **Full name:** Billy Gene STOUT, Appellant, v. the STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** September 11, 1991
- **Citations:** 62 O.B.A.J. 2749; 817 P.2d 737; 1991 OK CR 98; 1991 Okla. Crim. App. LEXIS 107; 1991 WL 180598
- **Precedential status:** Published
- **Opinion:** Concurrence by Parks
- **Judges:** Lane, Lumpkin, Brett, Johnson, Parks
- **Cited by:** 14 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/9560111

## Opinion text

PARKS, Judge, specially
concurring:
It continues to be the opinion of this writer that the so-called “anti-sympathy” instruction in the second stage of trial is unnecessary and confusing to the jury where mitigating evidence has been introduced. See Fox v. State, 779 P.2d 562, 579 (Okl.Cr.1989) (Parks, P.J., concurring in part/dissenting in part). As a matter of stare decisis, however, I must yield my view to that of the majority of this Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9560111. Public record. Not legal advice.