IN RE: ADOPTION OF THE 2003 REVISIONS TO THE OUJI - CRIMINAL
Annotate this Case
IN RE: ADOPTION OF THE 2003 REVISIONS TO THE OUJI - CRIMINAL
2003 OK CR 15
Case Number:
Decided: 07/18/2003
IN RE: ADOPTION OF THE 2003 REVISIONS TO THE OKLAHOMA UNIFORM JURY INSTRUCTIONS CRIMINAL (SECOND EDITION)
CORRECTION TO ORDER ADOPTING
AMENDMENTS TO OKLAHOMA
JURY INSTRUCTIONS-CRIMINAL (SECOND
EDITION)
¶1 On July 3, 2003, this Court entered its Order Adopting Amendments to Oklahoma Jury Instructions-Criminal (Second Edition) with an attachment containing the revised instructions. Upon review it has been determined that while the instructions amended are correctly listed in the order, the attachment did not contain instructions 5-106 and 6-3B; and 6-3C was mislabeled as 6-3B.
¶2 It is therefore ordered that the correctly titled instruction 6-3B, and the omitted instructions 5-106 and 6-3C, attached hereto, shall be made a part of the revised instructions filed of record on July 3, 2003, and published on the Court's web site, as well as provided to West Publishing Company.
¶3 IT IS SO ORDERED this 18th day of July, 2003.
/s/ Charles A. Johnson
CHARLES
A. JOHNSON, Presiding Judge
ATTEST:
/s/ Michael S. Richie
(Clerk)
OUJI-CR 5-106
LARCENY - DEFINITIONS
Appurtenance
References: Anthony v. Barton, 196 Okla. 260 , 264, 164 P.2d 642 , 645 (1945); 60 O.S. 2001, § 8; Black's Law Dictionary 94 (5th ed. 1979).
Carrying Away
References: Cunningham v. District Ct. of Tulsa Co., 432 P.2d 992 (Okl. Cr. 1967); Hutchison v. State, 427 P.2d 112 (Okl. Cr. 1967); Brinkley v. State, 60 Okl. Cr. 106, 61 P.2d 1023 (1936).
Domestic Animals
Reference: 21 O.S. Supp. 2002, § 1716 .
Dwelling
Easement
References: Story v. Hefner, 540 P.2d 562 (Okl. 1975); Frater Okla. Realty Corp. v. Allen Laughon Hdwe. Co., 206 Okl. 666 , 245 P.2d 1144 (1952); 60 O.S. 2001, § 49.
Fraud
Reference: Black's Law Dictionary 594 (5th ed. 1979).
Intent to Deprive Permanently
References: Simmons v. State, 549 P.2d 111 (Okl. Cr. 1976); Home, Fire & Marine Ins. Co. v. McCollum & Co., 201 Okl. 595 , 207 P.2d 1094 (1949); R. Perkins, Criminal Law 266 (2d ed. 1969).
Intent to Steal
References: Darnell v. State, 369 P.2d 470 (Okl. Cr. 1962); 21 O.S. 2001, § 1730, referring to the definition of larceny in 21 O.S. 20011, § 1701 ; R. Perkins, Criminal Law 265 (2d ed. 1969).
Merchandise
Reference: 12A O.S. 2001, § 2-104 (1).
Nighttime
Reference: 21 O.S. 2001, § 1440 .
Of Another
Reference: Davidson v. State, 330 P.2d 607 (Okl. Cr. 1958).
Personal Property
Reference: 21 O.S. 2001, § 103 .
Right of Way
References: 60 O.S. 2001, § 50 ; Black's Law Dictionary 1191 (5th ed. 1979).
Stealth
Reference: Roach v. State, 23 Okl. Cr. 280, 214 P. 563 (1923).
Taking
References: Cunningham v. District Ct. of Tulsa Co., 432 P.2d 992 (Okl. Cr. 1967); Hutchinson v. State, 427 P.2d 112 (Okl. Cr. 1967); Brinkley v. State, 60 Okl. Cr. 106, 61 P.2d 1023 (1936).
Value
References: Gilbreath v. State, 555 P.2d 69 (Okl. 1976); Morris v. State, 491 P.2d 784 (Okl. Cr. 1971); Carson v. State, 30 Okl. Cr. 438, 236 P. 627 (1925).
Vessel
Reference: 21 O.S. 2001, § 98 .
OUJI-CR 6-3B
DRUG OFFENSES: POSSESSION OF ANHYDROUS AMMONIA IN AN UNAUTHORIZED CONTAINER WITH INTENT TO MANUFACTURE
No person may be convicted possessing anhydrous ammonia in an unauthorized container with the intent to manufacture a controlled dangerous substance unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, knowingly/intentionally;
Second, possessing;
Third, anhydrous ammonia in an unauthorized container;
Fourth, with the intent to use the anhydrous ammonia to manufacture;
Fifth, the controlled dangerous substance of [Name of Controlled Dangerous Substance].
[You may, but are not required to, regard proof that the defendant knowingly/intentionally possessed anhydrous ammonia in an unauthorized container as sufficient evidence that the defendant intended to use the anhydrous ammonia to manufacture [Name of Controlled Dangerous Substance. The defendant's intent to use the anhydrous ammonia to manufacture [Name of Controlled Dangerous Substance] must be proved beyond a reasonable doubt.]
______________________________
Statutory Authority: 63 O.S 2001, § 2-401 (G).
Notes on Use
The bracketed sentences after the elements should be included with the instruction if evidence has been introduced that the defendant possessed anhydrous ammonia in an unauthorized container.
OUJI-CR 6-3C
DRUG OFFENSES: ENDEAVORING TO MANUFACTURE - ELEMENTS
No person may be convicted of offering/soliciting/attempting/ endeavoring/conspiring to manufacture a controlled dangerous substance unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, knowingly/intentionally;
Second, offering/soliciting/attempting/endeavoring/conspiring;
Third, to manufacture;
Fourth, the controlled dangerous substance of [Name of Substance].
______________________________
Statutory Authority: 63 O.S. 2001, § 2-408 .
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