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Oklahoma Uniform Jury Instructions
Criminal 2nd Edition ( including 1997, 2000, 2003, 2005, 2006, 2007, 2008, 2009, 2010 and 2012 supplements )

OUJI-CR 4-6

ASSAULT AND BATTERY - ASSAULT AND BATTERY WITH A DEADLY WEAPON - ELEMENTS

No person may be convicted of assault and battery with a deadly weapon unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, an assault and battery;

Second, upon another person; and

Third, with a deadly weapon.

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Statutory Authority: 21 O.S. 2011, § 652(C).

Notes on Use

If the victim was an unborn child, the court should also give OUJI-CR 4-57, infra, and, if appropriate, OUJI-CR 4-57A or 4-57B, or both.

Committee Comments

Before the amendment of 21 O.S. § 652 in 1992, an intent to take a human life was an element of assault and battery with a deadly weapon. This element was removed from the statute by the 1992 amendment. Goree v. State, 2007 OK CR 21, ¶¶ 3-5, 163 P.3d 583, 584-85.

2012 SUPPLEMENT

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