(concurring in part, dissenting in part).
I agree with the majority opinion that our court misinterpreted 12 O.S.1971, § 1081(b) in the case of State v. District Court of Mayes County, 440 P.2d 700, and that it should be overruled. However, Plaintiff’s constitutional right to rely on the case leads me to a conclusion that the majority opinion should be applied prospectively only.
I am authorized to state that Justice WILLIAMS concurs in the views herein expressed.