OUJI-CR 4-7

ASSAULT AND BATTERY

BY MEANS OR FORCE LIKELY TO PRODUCE DEATH - ELEMENTS

No person may be convicted of assault and battery by means or force likely to produce death unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, an assault and battery;

Second, upon another person;

Third, with force likely to produce death;

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Notes on Use

If the victim was an unborn child, the court should also give OUJI-CR 4-57, infra, and, if appropriate, OUJI-CR 4-57A or 4-57B, or both.

Committee Comments

The requirement that the assault and battery was done with the intent to take a human life was removed from 21 O.S. § 652 in 1992. See 1992 Okla. Sess. Laws ch. 192, § 1; Goree v. State, 2007 OK CR 21, ¶¶ 3-5, 163 P.3d 583, 584-85. But see Goree v. State, 2007 OK CR 21, ¶ 5,163 P.3d 583, 585 (Lumpkin, J., concurring in results) (specific intent to kill is required for offense in § 652(C) of assault and battery in attempting to kill another).

(2012 Supp.)