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646 P.2d 611

Marshall v. State

Court of Criminal Appeals of Oklahoma · decided 1982-06-02

Cited by 1 later decisions — most recently March 2009

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1982-06-02

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CORNISH, Judge,

¶1dissenting:

¶2I must respectfully dissent to the majority opinion that modifies appellant’s sentence and fine. The jury was instructed on the lesser included offense under Section 649. There is ample evidence in the record to support the jury’s verdict under § 646. Under these circumstances, it should not be the function of this Court to substitute our judgment over the will of the trier of fact.

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