# Oates v. State

> Court of Criminal Appeals of Oklahoma · October 24, 1956 · 303 P.2d 317

URL: https://www.frixlaw.com/law-library/cases/9576001

## Case

- **Full name:** Samuel Kinnard OATES, Plaintiff in Error, v. the STATE of Oklahoma, Defendant in Error
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** October 24, 1956
- **Citations:** 303 P.2d 317; 1956 OK CR 109; 1956 Okla. Crim. App. LEXIS 243
- **Precedential status:** Published
- **Opinion:** Concurrence by Brett
- **Judges:** Powell, Brett, Jones
- **Cited by:** 4 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/9576001

## Opinion text

BRETT, Judge
(concurring).
I especially concur on the basis of the rule set forth in Argo v. State, 88 Okl.Cr. 107 , 200 P.2d 449 , as quoted in the majority opinion. The record reflects the information was sufficient to enable the defendant to prepare for trial, for at no time did he complain that the information was so indefinite as to hamper him in preparation for trial. Moreover, it is apparent from the record that the defendant w.as not misled as to the identity of the offense, and under the record herewith presented he is adequately protected against any subsequent prosecution for the same crime.
We can readily perceive quite a different situation where the plea was of guilty, as in the case of Chandler v. State, 96 Old. Cr. 344, 255 P.2d 299 , where the matter of his being misled was open to speculation, but where, as herein, the entire record discloses the defendant was not misled, as disclosed by reasonable intendments, inferences and presumptions, which he himself indulged in favor of the information, the information should be sustained, and sheer technical objection thereto should not prevail.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9576001. Public record. Not legal advice.