# Brown v. State

> Court of Criminal Appeals of Oklahoma · July 17, 1963 · 384 P.2d 54

URL: https://www.frixlaw.com/law-library/cases/9791450

## Case

- **Full name:** Jerry Milo BROWN, Plaintiff in Error, v. the STATE of Oklahoma, Defendant in Error
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** July 17, 1963
- **Citations:** 384 P.2d 54; 1963 OK CR 67; 1963 Okla. Crim. App. LEXIS 168
- **Precedential status:** Published
- **Opinion:** Concurrence by Bussey
- **Judges:** Bussey
- **Cited by:** 25 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/9791450

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9791450. Public record. Not legal advice.