OUJI-CR 4-108


Attempt - The action taken by a person, with the state of mind requisite for commission of a crime, by which the person: (a) Purposely engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be; or (b) When causing a particular result in an element of the crime, does anything with the purpose of causing or with the belief that it will cause such result, without further conduct on his part.

Reference: 21 O.S. 1991, § 44.

Crime - Any felony or misdemeanor under the law; (Name of Crime Charged) is a crime. Its elements are:

[Give Elements of Crime Allegedly Committed.]

References: Palmer v. State, 78 Okl. Cr. 220, 146 P.2d 592 (1944); 21 O.S. 1991, § 4.

Cruel and Unusual Manner - Means of causing death which is aggravated, out of the ordinary, shocking or barbaric.

Reference: 10A Words and Phrases 295.

Dangerous Weapon - Any pistol/revolver/dagger/(bowie/dirk/switch-blad e/ spring-type knife)/(sword cane)/(knife having a blade which opens automatically)/ blackjack/(loaded cane)/billy/(hand chain)/(metal knuckles)/(implement likely to produce death or great bodily harm in the manner it is used or attempted to be used).

References: Wilcox v. State, 13 Okl. Cr. 599, 166 P. 74 (1917); 21 O.S. Supp. 1995, § 1272.

Direct Result - Immediate consequence which is not separated from its initial cause by other, independent factors.

References: Ruth v. State, 581 P.2d 919 (Okl. Cr. 1978); Stumblingbear v. State, 364 P.2d 1115 (Okl. Cr. 1961); Logan v. State, 42 Okl. Cr. 294, 275 P. 657 (1929); 34A Words and Phrases 618.

Excusable - Note: If necessary to give a definition, see OUJI-CR 8-27 through OUJI-CR 8-30.

In the Commission of - Performing any act which is an inseparable part of a crime or necessary for its completion, or fleeing from the immediate scene of the offense.

References: State v. McCoy, 602 P.2d 1044 (Okl. Cr. 1979); Lime v. State, 508 P.2d 710 (Okl. Cr. 1973).

Justifiable - Note: If necessary to give a definition, see OUJI-CR 8-2.

Lawful Custody - Legally authorized confinement to a penitentiary, county jail, or other person.

References: 21 O.S. 1991 & Supp. 1995, §§ 434, 436, 443.

Legal Duty - An obligation to act which is imposed by statute, by the existence of a status relationship such as husband-wife and parent-child, by contractual agreement, or by voluntary assumption of care of another.

References: Jones v. United States, 308 F.2d 307 (D.C. Cir. 1962); W. LaFave & A. Scott, Criminal Law 183; R. Perkins, Criminal Law 592-601 (2d ed. 1969); 28 C.J.S. Duty 597.

Vehicle - Any device, used for transportation of persons or property on a highway, which is not moved by human power or used only on fixed rails or tracks. Vehicles designed and adapted exclusively for agricultural and horticultural purposes and not subject to registration are expressly excluded from this definition.

Reference: 47 O.S. 1991, § 1-186.