# State v. Anderson

> Court of Criminal Appeals of Oklahoma · December 9, 1998 · 70 O.B.A.J. 789

URL: https://www.frixlaw.com/law-library/cases/9568365

## Case

- **Full name:** STATE of Oklahoma, Appellant v. Aubrey Ivan ANDERSON, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** December 9, 1998
- **Citations:** 70 O.B.A.J. 789; 972 P.2d 32; 1998 OK CR 67; 1998 Okla. Crim. App. LEXIS 75; 1998 WL 884926
- **Precedential status:** Published
- **Opinion:** Dissent by Chapel
- **Judges:** Lumpkin, Chapel, Strubhar, Lane, Johnson
- **Cited by:** 19 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/9568365

## How later opinions describe it (automated extraction)

- recognizing that determination of applicability of law to a given set of facts was inconsistent with purpose of State’s right to appeal upon a Reserved Question of Law

## Opinion text

CHAPEL, P.J.,
DISSENTING:
¶ 1 I dissent. Title 21 O.S.1991, § 1289.25, often referred to as the “Make My Day” Law, provides in Subsection A that it is intended to protect citizens “within their own home.” I would therefore limit the application of the Act. In view of Subsection A, I am of the opinion that the word “occupant” which appears in Subsections B and C refers only to residents of a dwelling and no others.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9568365. Public record. Not legal advice.