OUJI-CR 4-95

MANSLAUGHTER IN THE FIRST DEGREE

BY HEAT OF PASSION - ELEMENTS

No person may be convicted of manslaughter in the first degree by heat of passion unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, the death of a human;

Second, caused by the defendant(s);

Third, the death was not excusable or justifiable;

Fourth, the death was inflicted in a cruel and unusual manner;

Fifth, when performing the conduct which caused the death, defendant(s) was/were in a heat of passion.

OR

Fourth, the death was inflicted by means of a dangerous weapon;

Fifth, when performing the conduct which caused the death, defendant(s) was/were in a heat of passion.

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Statutory Authority: 21 O.S. 1991, § 711(2).

Committee Comments

See Brown v. State, 1989 OK CR 33, ¶¶ 5-8, 777 P.2d 1355, 1357-58 (heat of passion is required for manslaughter in the first degree by dangerous weapon); Camron v. State, 1992 OK CR 17, ¶ 6, 829 P.2d 47, 51 (Okl. Cr. 1992).

Former OUJI-CR 4-96 has been incorporated into this instruction.

(2000 Supp.)