# French v. State

> Court of Criminal Appeals of Oklahoma · December 30, 1964 · 397 P.2d 909

URL: https://www.frixlaw.com/law-library/cases/9601422

## Case

- **Full name:** James D. FRENCH, Plaintiff in Error, v. the STATE of Oklahoma, Defendant in Error
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** December 30, 1964
- **Citations:** 397 P.2d 909; 1964 OK CR 125; 1964 Okla. Crim. App. LEXIS 124
- **Precedential status:** Published
- **Opinion:** Concurrence by Bussey
- **Judges:** Johnson, Bussey, Nix
- **Cited by:** 15 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/9601422

## Opinion text

BUSSEY, Justice
(concurring).
I am in accord with the conclusion reached by my learned colleague, Judge Johnson, and, while it might be argued that the bizarre facts and circumstances surrounding the homicide in the instant case would justify this Court in affirming the judgment and sentence, and making an exception to the well established rule that the trial court should not invade the province of the jury, such a conclusion would be another step leading to the destruction of the jury system.
In reversing and remanding this cause for a new trial we accord to this defendant only the right which the legislature, in its wisdom, grants to every person convicted of murder, to-wit: the right to have the jury determine whether the punishment shall be death, or imprisonment at hard labor in the State Penitentiary for life. See Tit. 21 O.S.A. § 707. The colloquy between the trial court and the foreman of the jury placed before them matters not germane to the issue of punishment, and undoubtedly influenced the verdict.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9601422. Public record. Not legal advice.