Supreme Court of Oklahoma July 7, 1987, No. 68452 (Terry v. Gassett)

SIMMS, Justice,

dissenting:

While I agree with the majority’s construction of 21 O.S.1987 § 567, I would not assume original jurisdiction of this matter as it is not in proper posture for consideration on writ of prohibition.

Petitioner could have demanded a jury trial and upon the trial court’s refusal, he could then have sought extraordinary relief or writ of habeas corpus, but he did not.