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STATE v. GAYTAN

No. S-98-365.

972 P.2d 356 (1998)

1998 OK CR 71

The STATE of Oklahoma, Appellant, v. Samuel GAYTAN, Appellee.

Court of Criminal Appeals of Oklahoma.

December 29, 1998.

Attorney(s) appearing for the Case

Wesley Johnson, Tulsa, OK, for defendant at trial.

E.A. "ARD" Gates, Assistant District Attorney, Kingfisher, OK, for state at trial.

Cathy Stocker, District Attorney, E.A. "ARD" Gates, Assistant District Attorney, Kingfisher, OK, for appellant/state on appeal.

Wesley Johnson, Tulsa, OK, for appellee on appeal.

OPINION ANSWERING RESERVED QUESTION OF LAW

LANE, J.

¶ 1 Appellee, Samuel Gaytan, was tried by jury for the crime of second degree murder in the District Court of Kingfisher County, Case No. CF-97-54, before the Honorable Ronald G. Franklin, District Judge. Appellee was acquitted. During the trial, the State attempted to cross examine a character witness testifying on the behalf of Gaytan with specific instances of conduct in order to impeach...

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