Mitchell v. State

Court of Criminal Appeals of Oklahoma

Mitchell v. State

1994 OK CR 78, 887 P.2d 335, 1994 Okla. Crim. App. LEXIS 100, 1994 WL 696257

CourtCourt of Criminal Appeals of Oklahoma

DecidedDecember 6, 1994

DocketNo. F-90-860

StatusPublished

Cited by13 cases

This text of 1994 OK CR 78 (Mitchell v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mitchell v. State, 1994 OK CR 78, 887 P.2d 335, 1994 Okla. Crim. App. LEXIS 100, 1994 WL 696257 (Okla. Ct. App. 1994).

Pincite

Opinion

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

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