OUJI-CR 4-10

ASSAULT WITH INTENT TO KILL - ELEMENTS

No person may be convicted of assault with intent to kill unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, an assault;

Second, upon another person;

Third, with the intent to take a human life.

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Statutory Authority: 21 O.S. 1991, § 653.

Notes on Use

This instruction should be used where a charge is filed under section 653 or as a lesser included offense to a charge brought under section 652(C) when the question of battery is in issue. See OUJI-CR 4-6 through 4-9, supra.