# McDoulett v. State

> Court of Criminal Appeals of Oklahoma · July 31, 1984 · 685 P.2d 978

URL: https://www.frixlaw.com/law-library/cases/9627490

## Case

- **Full name:** Rodney Henry McDOULETT, Appellant, v. the STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** July 31, 1984
- **Citations:** 685 P.2d 978; 1984 OK CR 81; 1984 Okla. Crim. App. LEXIS 193
- **Precedential status:** Published
- **Opinion:** Dissent by Bussey
- **Judges:** Brett, Parks, Bussey
- **Cited by:** 29 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/9627490

## How later opinions describe it (automated extraction)

- stating that "a cautionary instruction ... which advises the jury regarding the factors to be considered" is necessary in certain circumstances

## Opinion text

BUSSEY, Presiding Judge,
dissenting:
I must respectfully dissent. I do not believe that a cautionary eyewitness identification should be given under any circumstances. If the identification is admissible, the weight and credibility to be given the testimony of the testifying witness is for the jury’s determination, and the giving of such an instruction tends to invade the province of the jury.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9627490. Public record. Not legal advice.