OSCN Found Document:Justifiable Homicide by Other Persons
Title 21. Crimes and Punishments
A. Homicide is also justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder such person, or to commit any felony upon him, or upon or in any dwelling house in which such person is;
2. When committed in the lawful defense of such person or of another, when the person using force reasonably believes such force is necessary to prevent death or great bodily harm to himself or herself or another or to terminate or prevent the commission of a forcible felony; or
3. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed; or in lawfully suppressing any riot; or in lawfully keeping and preserving the peace.
B. As used in this section, "forcible felony" means any felony which involves the use or threat of physical force or violence against any person.
Historical Data
R.L. 1910, § 2334; Amended by Laws 2014, HB 3510, c. 391, § 1, emerg. eff. June 3, 2014 (superseded document available).
Citationizer© Summary of Documents Citing This Document
| Cite |
Name |
Level |
| | 1999 10CIR 1508, 197 F.3d 1297, | Hogan v. Gibson | Discussed |
| | | NELSON v. WOOD | Cited |
| Oklahoma Court of Criminal Appeals Cases |
| | Cite | Name | Level |
| | 1988 OK CR 122, 758 P.2d 319, | USSERY v. STATE | Cited |
| | 1992 OK CR 17, 829 P.2d 47, | CAMRON v. STATE | Cited |
| | 1992 OK CR 55, 840 P.2d 1, | BECHTEL v. STATE | Discussed |
| | 2001 OK CR 5, 21 P.3d 1047, 72 OBJ 858, | BLACK v. STATE | Discussed |
| | 2001 OK CR 25, 32 P.3d 869, 72 OBJ 2629, | CIPRIANO v. STATE | Cited |
| | 2011 OK CR 15, 255 P.3d 425, | ROBINSON v. STATE | Cited |
| | 2011 OK CR 29, 268 P.3d 86, | DAVIS v. STATE | Cited |
| | 2018 OK CR 25, 425 P.3d 753, | SPRUILL v. STATE | Cited |
| | 2021 OK CR 17, 495 P.3d 653, | PARKER v. STATE | Cited |
| | 1954 OK CR 23, 267 P.2d 185, | EASTERLING v. STATE | Cited |
| | 1954 OK CR 85, 275 P.2d 347, | HAINES v. STATE | Discussed |
| | 1958 OK CR 94, 333 P.2d 602, | MAMMANO v. STATE | Cited |
| | 1965 OK CR 53, 401 P.2d 997, | FLEMING v. STATE | Cited |
| | 1981 OK CR 132, 636 P.2d 342, | COWLES v. STATE | Cited |
| | 1981 OK CR 152, 637 P.2d 879, | LEE v. STATE | Cited |
| | 1949 OK CR 89, 209 P.2d 721, 90 Okl.Cr. 1, | ANDERSON v. STATE | Cited |
| | 1983 OK CR 9, 657 P.2d 654, | WHITECHURCH v. STATE | Cited |
| | 1972 OK CR 64, 495 P.2d 411, | ENOCH v. STATE | Cited |
| | 1983 OK CR 109, 668 P.2d 332, | WILLIAMS v. STATE | Cited |
| | 1953 OK CR 38, 255 P.2d 302, 96 Okl.Cr. 347, | GILLASPY v. STATE | Cited |
| | 1997 OK CR 47, 946 P.2d 246, 68 OBJ 2905, | Spunaugle v. State | Cited |
| | 1997 OK CR 49, 946 P.2d 257, 68 OBJ 3122, | OWM v. State | Discussed at Length |
| | 1998 OK CR 67, 972 P.2d 32, 70 OBJ 789, | State v. Anderson | Discussed |
| | 1999 OK CR 39, 990 P.2d 900, | Perryman v. State | Cited |
| | 1973 OK CR 204, 509 P.2d 143, | SARGENT v. STATE | Cited |
| | 1986 OK CR 75, 719 P.2d 829, | BLANKENSHIP v. STATE | Discussed |
| | 1987 OK CR 31, 733 P.2d 1342, | YBARRA v. STATE | Cited |
| | 1987 OK CR 184, 742 P.2d 567, | GOULSBY v. STATE | Cited |
| Oklahoma Jury Instructions- Criminal |
| | Cite | Name | Level |
| | | Justifiable Use of Nondeadly Force | Cited |
| | | Justifiable Use of Deadly Force in Defense of Habitation | Discussed at Length |
| | | Justifiable Use of Deadly Force | Cited |
| Title 21. Crimes and Punishments |
| | Cite | Name | Level |
| | 21 O.S. 1289.25, | Physical or Deadly Force | Cited |
Citationizer: Table of Authority
| Cite |
Name |
Level |
| None Found. |
Oklahoma Statutes Citationized
Section 733 - Justifiable Homicide by Other Persons