Mitchell v. State

Court of Criminal Appeals of Oklahoma December 6, 1994

Mitchell v. State, 887 P.2d 335 (1994)

1994 OK CR 78; 1994 Okla. Crim. App. LEXIS 100; 1994 WL 696257

Chapel, Johnson, Lane, Lumpkin, Strubhar

Opinion of the Court

CORRECTION ORDER

In the above-styled and numbered appeal, the Opinion dated December 15, 1993, 876 P.2d 682, for publication, the last paragraph of the OUJI-CR 806 on page 684 was cited incorrectly. The paragraph should be corrected to read as follows:

IF, AFTER A CONSIDERATION OF ALL THE EVIDENCE ON THIS ISSUE, YOU FIND BEYOND A REASONABLE DOUBT THAT THE DEFENDANT WAS IN FLIGHT, THEN THIS FLIGHT IS A CIRCUMSTANCE WHICH YOU MAY CONSIDER WITH ALL THE OTHER EVIDENCE IN THE CASE IN DETERMINING THE QUESTION OF THE DEFENDANT’S GUILT OR INNOCENCE. HOWEVER, IF YOU HAVE A REASONABLE DOUBT THAT DEFENDANT WAS IN FLIGHT, THEN THE FACT OF ANY DEPARTURE IS NOT A CIRCUMSTANCE FOR YOU TO CONSIDER.

IT IS SO ORDERED.

/s/ Gary L. Lumpkin Gary L. Lumpkin, Presiding Judge /s/ Charles A. Johnson Charles A. Johnson, Vice Presiding Judge /s/ James F. Lane James F. Lane, Judge /s/ Charles S. Chapel Charles S. Chapel, Judge /s/ Reta M. Strubhar Reta M. Strubhar, Judge

Reference

Full Case Name: Gregory MITCHELL v. STATE of Oklahoma
Cited By: 13 cases
Status: Published