Opinion

Brown v. State

  • 384 P.2d 54
  • 1963 OK CR 67
  • 1963 Okla. Crim. App. LEXIS 168
Court
Court of Criminal Appeals of Oklahoma
Filed
Jul 17, 1963
Status
Published
Author
Bussey
On the bench
Bussey
Cited by
25 cases

The opinion

BUSSEY, Presiding Judge

(concurring).

I am in accord with the decision that this case should be reversed and remanded with instructions to dismiss.

In arriving at this conclusion, I am of the opinion that the unlawful and lawless methods employed by the Texas officers render inadmissible the inculpatory admissions of the accused, and that the admission of such statements constitutes reversible error.

I wish to further observe that there is nothing in the record which casts a reflection upon the honesty, integrity or devotion to duty of either the trial judge, county attorney, or of the sheriff of Carter County.

This case should serve as a lesson to all Oklahoma enforcement officers that they should carefully observe the questioning of any prisoner in their custody by officers from without this Jurisdiction. Had this precaution been taken and the inculpatory admissions of the accused freely given, the constitutional requirements of due process would have been satisfied and the ends of justice better served.

As I perceive the order that the charges pending be dismissed, I am of the further opinion that' if the county attorney of Carter County is of the opinion that sufficient evidence exists (after excluding the exculpatory admissions of the accused), there is nothing to prevent the filing of the new information against the accused.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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