OUJI-CR 8-28

DEFENSE OF EXCUSABLE HOMICIDE -

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.

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Statutory Authority: 21 O.S. 1991, § 731.