Opinion

Slaughterback v. State

594 P.2d 780
1979 OK CR 28
1979 Okla. Crim. App. LEXIS 203

Court: Court of Criminal Appeals of Oklahoma
Filed: Apr 11, 1979
Status: Published
Author: Brett
On the bench: Cornish, Busséy, Brett
Cited by: 5 cases

Overruled in part by Kimbro v. State, 1990 Okla. Crim. App. LEXIS 4 (1990)

Later courts went against this

Overruled in part by Kimbro v. State, 1990 Okla. Crim. App. LEXIS 4 (1990)
The result we reach today is mandated by common sense, the basic foundation recognized in Hill v. State, 368 P.2d 669 (Okl.Cr.1962) that the principles of law applicable to rape apply to sodomy and our earlier pronouncement in Martin, Id. To the extent our previous holding in Slaughterback v. State, 594 P.2d 780 (Okl.Cr.1979) conflicts with our holding today, it is expressly overruled.
Court of Criminal Appeals of OklahomaJan 12, 1990in partRead it

The opinion

BRETT, Judge,

dissenting.

I dissent to this decision for the same reasons I stated in my dissent to Canfield v. State, Okl.Cr., 506 P.2d 978 , 989 (1973). 21 O.S.1971, § 886, is unconstitutionally vague as its meaning is not ascertainable from the language of the statute.

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