Menthen v. State

Court of Criminal Appeals of Oklahoma

Decided October 26, 1972

Court of Criminal Appeals of Oklahoma · decided 1972-10-26

Cited by 2 later decisions — most recently March 1973

2 state decisions

Relies on Stewart v. Massachusetts · Canty v. Board of Education · Menthen v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-10-26

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¶1 ORDER MODIFYING JUDGMENT AND SENTENCE

¶2 Whereas, the Supreme Court of the United States, 408 U.S. 940, 92 S.Ct. 2878, 33 L.Ed.2d 764, has vacated the opinion of this Court, Okl.Cr., 492 P.2d 351, af-

¶3 firming the judgment and sentence rendered in the above styled and numbered cause insofar as it left undisturbed the death sentence, and remanded this cause for reconsideration of this Court in the light of Stewart v. Massachusetts, 408 U.S. 845, 92 S.Ct. 284, 33 L.Ed.2d 744 (1972).

¶4 Now, therefore, it is the order of this Court that the judgment and sentence rendered in the District Court of Canadian County, Case No. CR-69-385, .be, and the same is hereby, modified from a sentence of death, to a sentence of life imprisonment.