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MUNN v. PATE

No. A-16846.

489 P.2d 534 (1971)

Fred MUNN, Petitioner, v. The Honorable Pat PATE, Associate District Judge, LeFlore County, State of Oklahoma, and Dean Warren, Asst. District Attorney, LeFlore County, State of Oklahoma, Respondents.

Court of Criminal Appeals of Oklahoma.

September 29, 1971.

Attorney(s) appearing for the Case

William D. Mobley, Poteau, for petitioner.

Larry Derryberry, Atty. Gen., Fred Anderson, Ass't. Atty. Gen., for respondents.

NIX, Judge:

This is an original proceeding in which the petitioner seeks a writ of prohibition to prevent prosecution on a charge of Murder in the District Court of LeFlore County through application of the collateral estoppel doctrine.

On July 21, 1970, Iva Munn and her son, Douglas Moore, died of gunshot wounds inflicted on that date within minutes of each other at about 9:30 P.M. Iva Munn was shot inside a country store and gas station in the town of Pocola...

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