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STATE v. TINKLER

No. S-90-1055.

815 P.2d 190 (1991)

STATE of Oklahoma, Appellant, v. Joseph Richard TINKLER, and Tippie Annette McCarty, Appellees.

Court of Criminal Appeals of Oklahoma.

July 12, 1991.

Attorney(s) appearing for the Case

Clive C. Clark, Asst. Dist. Atty., Antlers, for appellant.

Stamper, Otis & Burrage, Jerry Otis, Antlers, for appellee Joseph Tinkler.

Robert S. Settles, Antlers, for appellee Tippie McCarty.

OPINION

LANE, Presiding Judge:

This is an appeal brought by the State of Oklahoma from a decision by a magistrate during a preliminary examination in Pushmataha County District Court, Case Nos. CRF-89-066 and CRF-89-067, holding that the procedures established by the legislature and codified at 22 O.S.Supp. 1989, § 751 are unconstitutional. At the outset, we must note that the record before us fails to establish...

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