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STATE v. SAUNDERS

No. S-94-0177.

886 P.2d 496 (1994)

The STATE of Oklahoma, Appellant, v. Homer E. SAUNDERS, Appellee.

Court of Criminal Appeals of Oklahoma.

November 29, 1994.

Attorney(s) appearing for the Case

Thomas C. Gilbert, Asst. Dist. Atty., Tulsa, for appellant.

Marion M. Dyer, Broken Arrow, for appellee.

ACCELERATED DOCKET ORDER

Appellant was charged by Information in Tulsa County, Case No. CM-93-1515 with Stalking. On November 22, 1993, Appellee filed a Motion to Dismiss before trial alleging 21 O.S.Supp.1993, § 1173 is unconstitutional. A hearing on the motion to dismiss was held on November 30, 1993. Judge Musseman granted the Appellee's motion to dismiss finding that the statute is "unconstitutional in that it violates the due process clause, as...

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