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STATE v. BATES

No. O-80-139.

628 P.2d 383 (1981)

The STATE of Oklahoma, Appellant, v. Phillip Wesley BATES, Appellee.

Court of Criminal Appeals of Oklahoma.

May 6, 1981.

Attorney(s) appearing for the Case

Andrew M. Coats, Dist. Atty., District Number Seven, Ted A. Richardson, Asst. Dist. Atty., Oklahoma City, for appellant.

BUSSEY, Judge:

From a ruling of the District Court of Oklahoma County holding unconstitutional a portion of 21 O.S. 1971, § 751 the State of Oklahoma has perfected an appeal upon a reserved question of law pursuant to 22 O.S.Supp. 1980, § 1053.1.

The statute, 21 O.S. 1971, § 751, with which we are concerned provides:

Every person who, with premeditated design to injure another, inflicts upon his person any injury which disfigures his...

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