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493 P.2d 1397

Carson v. State

Court of Criminal Appeals of Oklahoma

Decided February 16, 1972

Court of Criminal Appeals of Oklahoma · decided 1972-02-16

Cited by 15 later decisions — most recently August 1979

15 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1972-02-16

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BRETT, Judge

¶1(concurring in part; dissenting in part) :

¶2I concur in that part of this decision that under the facts and circumstances in this case there was sufficient evidence to warrant the revocation of the suspended sentence, i. e., intoxication and disturbing the peace at midnight in the manner indicated.

¶3However, I dissent to that part of the Opinion which states: “All cases to the contrary are expressly overruled.” In my opinion, each case concerning the revocation of probation must be considered on its own merits. Such a blanket statement is too likely to be misconstrued; so, I therefore respectfully dissent to that part of this decision.

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