Jury Instructions

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES E. DEFENSE OF EXCUSABLE HOMICIDE 8-29 Accident and Misfortune – No Undue Advantage Taken A homicide is excusable when committed by accident and misfortune (in the heat of passion)/(upon any sudden and sufficient provocation)/(upon sudden combat), provided that no undue advantage is taken, nor dangerous weapon used, and […]

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES E. DEFENSE OF EXCUSABLE HOMICIDE 8-28 Accident and Misfortune – Lawful Act A homicide is excusable when committed by lawful means, with usual and ordinary caution, and without any unlawful intent, but occurs by accident and misfortune while doing some lawful act.   [230612]

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES E. DEFENSE OF EXCUSABLE HOMICIDE 8-27 Introduction Evidence has been introduced of excusable homicide as a defense to the charge that the defendant has committed the crime of [Crime Charged in Information/ Indictment].   [230612]

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES B. DEFENSE OF PROPERTY 8-18 Defense of Property – Definitions Deadly Force – Force intended or likely to cause death or great bodily injury. Reference: R. Perkins. Criminal Law 993 (2d ed. 1969). Property – Property includes: (a) Real Property – Every estate, interest, and right in lands,

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES B. DEFENSE OF PROPERTY 8-17 Burden of Proof It is the burden of the State to prove beyond a reasonable doubt that the defendant was not acting in defense of property. If you find that the State has failed to sustain that burden, then the defendant must be

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES B. DEFENSE OF PROPERTY 8-16 Justifiable Use of Nondeadly Force A person is justified in using force in preventing or attempting to prevent a trespass or other unlawful interference with real or personal property in his/her lawful possession. Defense of property is a defense although the danger to

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES B. DEFENSE OF PROPERTY 8-15A Defense of Person – Right to Stand Your Ground A person has no duty to retreat and has the right to stand his/her ground and meet force with force, including deadly force, if he/she is not engaged in an unlawful activity and is

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES B. DEFENSE OF PROPERTY 8-15 Defense of Person – Justifiable Use of Deadly Force Against Intruder A/An person/(owner/manager/employee of a business) is justified in using force that is intended or likely to cause death or great bodily harm to another person who (was in the process of unlawfully

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES B. DEFENSE OF PROPERTY 8-14 Justifiable Use of Deadly Force in Defense of Habitation A person is justified in using deadly force when resisting any attempt by another to commit a felony upon or in any dwelling house in which that person is lawfully present. Defense of habitation

Oklahoma Criminal Jury Instructions CHAPTER 8 DEFENSES B. DEFENSE OF PROPERTY 8-13 Introduction Evidence has been introduced of defense of property as a defense to the charge that the defendant has committed the crime of [Crime Charged in Information/ Indictment]. Committee Comments This instruction is simply an introductory instruction for use in all cases in