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CARROLL v. STATE

No. M-80-21.

620 P.2d 416 (1980)

Jerry CARROLL, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

October 27, 1980.

Attorney(s) appearing for the Case

James R. Winchester, Hinton, for appellant.

Jan Eric Cartwright, Atty. Gen. of Oklahoma, Timothy S. Frets, Asst. Atty. Gen., Richard Parrish, Legal Intern, for appellee.

MEMORANDUM OPINION

CORNISH, Presiding Judge:

In a case of first impression, we are asked to pass on the constitutionality of a 1978 statute which prescribes criminal sanctions for assault and battery upon designated persons at athletic contests:

Laws 1978, c. 204, § 1, now, 21 O.S.Supp. 1979, § 650.1 provides:

Every person who, without justifiable or excusable cause and with intent to...

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