ASSAULT, BATTERY, ASSAULT AND BATTERY - DEFINITIONS
Dangerous Weapon - Any pistol/revolver/dagger/(bowie/dirk/switch-blade/ spring-type knife)/(sword cane)/(knife having a blade which opens automatically)/ blackjack/(loaded cane)/billy/(hand chain)/(metal knuckles)/(implement likely to produce death or great bodily harm in the manner it is used or attempted to be used).
References: Wilcox v. State, 13 Okl. Cr. 599, 166 P. 74 (1917); 21 O.S. 2001, § 1272.
Deadly Weapon - Any instrument designed or constructed to cause death or great bodily injury. A pistol/revolver/dagger/(bowie/dirk/switch-blade/spring-type knife)/(sword cane)/(knife having a blade which opens automatically)/blackjack/ (loaded cane)/billy/(hand chain)/(metal knuckles) is a deadly weapon.
References: Beeler v. State, 1959 OK CR 9, 334 P.2d 799; 21 O.S. 2001, § 1272.
Decrepit - Physically impaired by old age, physical defects, or infirmities.
Reference: Herrington v. State, 1960 OK CR 45, 352 P.2d 931.
Execution of Legal Process - Carrying out or enforcement of a judgment, decision, or order of a court.
References: Black's Law Dictionary 510 (5th ed. 1979); 15A Words and Phrases 265; 34 Words and Phrases 245.
Firearm - Weapon from which a shot or projectile is discharged by force of a chemical explosive such as gunpowder. An airgun, such as a carbon dioxide gas-powered air pistol, is not a firearm within the meaning of the definition.
References: 21 O.S. 2001, §§ 1289.3 et seq.; Black's Law Dictionary 570 (5th ed. 1979); Thompson v. State, 1971 OK CR 328, ¶ 8, 488 P.2d 944, 947, overruled on other grounds, Dolph v. State, 1974 OK CR 46, ¶ 10, 520 P.2d 378, 380-81.
Force - Any touching of a person regardless of how slight may be sufficient to constitute force. Such touching may be brought about directly or indirectly by defendant.
Reference: R. Perkins, Criminal Law 80 (2d ed. 1969).
Great Bodily Injury - (Bone fracture)/(protracted and obvious disfigurement)/(protracted loss/impairment of the function of a (body part)/organ/ (mental faculty))/(substantial risk of death).
Reference: 21 O.S. Supp. 2002, § 646.
Intentional - Deliberate; with knowledge of the natural and probable consequences.
References: Davis v. State, 1960 OK CR 6, 354 P.2d 466; Tyner v. United States, 2 Okl. Cr. 689, 103 P. 1057 (1909).
Knowingly - Personally aware of the facts.
Reference: 21 O.S. 2001, § 96.
Known - With personal awareness of the facts.
Reference: 21 O.S. 2001, § 96.
Maiming - Note: see maiming instruction, OUJI-CR 4-113.
Malicious - The term imports a wish to vex, annoy or injure another person.
Reference: 21 O.S. 2001, § 95.
Procured - Brought about or obtained.
Reference: Black's Law Dictionary 1087 (5th Ed. 1979).
Robust - Having strength or vigorous health.
Reference: Webster's Third New International Dictionary 1964 (1961).
Unlawful - Without legal justification.
Reference: 91 C.J.S. Unlawful 491.
While in the Performance of His/Her Duties - While acting in relation to law enforcement for the benefit of the general public, regardless of whether or not those acts are performed while "off duty" from the actor's regular police department or law enforcement employment; not including, however, those acts performed off duty for a private employer.
References: Brooks v. State, 1977 OK CR 96, 561 P.2d 137; Stewart v. State, 1974 OK CR 173, 527 P.2d 22.
Willful - Purposeful. "Willful" does not require any intent to violate the law, or to injure another, or to acquire any advantage.
Reference: 21 O.S. 2001, § 92.
Wrongful - Without justification or excuse.
Reference: Bartell v. State, 4 Okl. Cr. 135, 111 P. 669 (1910).
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