# Moore v. State

> Court of Criminal Appeals of Oklahoma · July 13, 1987 · 740 P.2d 731

URL: https://www.frixlaw.com/law-library/cases/9632026

## Case

- **Full name:** Carl Elliott MOORE, Appellant, v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** July 13, 1987
- **Citations:** 740 P.2d 731; 1987 OK CR 149; 1987 Okla. Crim. App. LEXIS 434
- **Precedential status:** Published
- **Opinion:** Dissent by Bussey
- **Judges:** Parks, Brett, Bussey
- **Cited by:** 8 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/9632026

## Opinion text

BUSSEY, Judge,
dissenting:
I must dissent to the reversal of this case. I am of the opinion that 63 O.S.1981, § 2-206(A)(4) is clear and unambiguous by its terms. I am not convinced that it is within the province of this Court to legislate an isometric derivative exception for cocaine into the statute where the statute clearly excludes, “coca leaves or extractions which do not contain cocaine or ecgo-nine.”
Furthermore, the evidence of appellant’s guilt is clear, convincing and cogent, and I am not persuaded the defense was deprived of any right to present evidence that the three ounces of the white powdery substance, which was sold for $6,600, was cough syrup or cold tablets, or that the State was required to resupply him with samples of the cocaine which he had illegally sold. I would affirm the judgment and sentence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9632026. Public record. Not legal advice.