Peters v. State , 1973 Okla. Crim. App. LEXIS 680 ( 1973 )

BRETT, Judge

(specially concurring):

I concur in this decision, but I believe the defendant should be removed from the courtroom to another nearby room, under the circumstances described herein, rather than binding and gagging him. It is defendant’s constitutional right to be confronted by his accusers that is being waived by the accused person. Consequently, it appears to be more proper to place the accused in a nearby room than to bind and gag him in the presence of the jury. I feel compelled to state, however, that the nearby room must be sufficiently close for defense counsel to consult with him, as the need arises.