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.
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.
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.
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