EVIDENCE - NECESSITY FOR
CORROBORATION IN HOMICIDE CASE
No person may be convicted of (murder/manslaughter in the first/second degree)/(negligent homicide) unless both the fact of the death of the person allegedly killed and the fact that his/her death was caused by the conduct of another person are established as independent facts and beyond a reasonable doubt.
Statutory Authority: 21 O.S. 1991, § 693.
Notes on Use
This instruction shall be given in a homicide case.
In Fontenot v. State, 881 P.2d 69, 80 n.15 (Okl. Cr. 1994), the Oklahoma Court of Criminal Appeals ruled that 21 O.S. 1991, § 693 prohibits the use of a confession to prove that a death occurred, but a confession may be used to prove that the defendant killed the victim.