From Casetext: Smarter Legal Research

Mitchell v. State

Court of Criminal Appeals of Oklahoma
Dec 6, 1994
887 P.2d 335 (Okla. Crim. App. 1994)

Opinion

No. F-90-860.

December 6, 1994.


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


Summaries of

Mitchell v. State

Court of Criminal Appeals of Oklahoma
Dec 6, 1994
887 P.2d 335 (Okla. Crim. App. 1994)
Case details for

Mitchell v. State

Case Details

Full title:GREGORY MITCHELL, APPELLANT, v. STATE OF OKLAHOMA, APPELLEE

Court:Court of Criminal Appeals of Oklahoma

Date published: Dec 6, 1994

Citations

887 P.2d 335 (Okla. Crim. App. 1994)
1994 OK CR 78