Opinion
No. CCAD-2003-2
July 18, 2003
¶ 1 On July 3, 2003, this Court entered its Order Adopting Amendments to Oklahoma Jury Instructions-Criminal (Second Edition) with an attachment containing the revised instructions. Upon review it has been determined that while the instructions amended are correctly listed in the order, the attachment did not contain instructions 5-106 and 6-3B; and 6-3C was mislabeled as 6-3B.
¶ 2 It is therefore ordered that the correctly titled instruction 6-3B, and the omitted instructions 5-106 and 6-3C, attached hereto, shall be made a part of the revised instructions filed of record on July 3, 2003, and published on the Court's web site, as well as provided to West Publishing Company.
¶ 3 IT IS SO ORDERED this 18th day of July, 2003.
/s/ Charles A. Johnson CHARLES A. JOHNSON, Presiding Judge
ATTEST:
/s/ Michael S. Richie (Clerk)
OUJI-CR 5-106 LARCENY — DEFINITIONS
Appurtenance — Any structure or improvement permanently attached to the land.
References: Anthony v. Barton, 196 Okla. 260, 264, 164 P.2d 642, 645 (1945); 60 O.S. 2001 § 8[ 60-8]; Black's Law Dictionary 94 (5th ed. 1979).
Carrying Away — Removing an article for the slightest distance. Carrying away is more than a mere change of position; it is a movement for purposes of permanent relocation.
References: Cunningham v. District Ct. of Tulsa Co., 432 P.2d 992 (Okla.Cr. 1967); Hutchison v. State, 427 P.2d 114 (Okla.Cr. 1967); Brinkley v. State, 60 Okla. Cr. 106, 61 P.2d 1025 (1936).
Domestic Animals — Horses, jackasses, jennets, mules, cattle, hogs, dogs, sheep or goats.
Reference: 21 O.S.Supp. 2002 § 1716.[ 21-1716].
Dwelling — Note: If necessary to give a definition, see OUJI-CR 5-18, Burglary.
Easement — The limited right to use the land of one person for the benefit of another.
References: Story v. Hefner, 540 P.2d 562 (Okla. 1975); Frater Okla. Realty Corp. v. Allen Laughon Hdwe. Co., 206 Okla. 666, 245 P.2d 1144 (1952); 60 O.S. 2001 § 49.[ 60-49].
Fraud — False representation intended to cause a surrender of personal property from the person in rightful possession.
Reference: Black's Law Dictionary 594 (5th ed. 1979).
Intent to Deprive Permanently — Purpose forever to deny the person in rightful possession of the use or value or property.
References: Simmons v. State, 549 P.2d 111 (Okla.Cr. 1976); Home, Fire Marine Ins. Co. v. McCollum Co., 201 Okla. 595, 207 P.2d 1094 (1949); R. Perkins, Criminal Law 266 (2d ed. 1969).
Intent to Steal — Purpose forever to deny the person in rightful possession of the use or value of property.
References: Darnell v. State, 369 P.2d 470 (Okla.Cr. 1962); 21 O.S. 2001 § 1730[ 21-1730], referring to the definition of larceny in 21 O.S. 20011, § 1701; R. Perkins, Criminal Law 265 (2d ed. 1969).
Merchandise — Goods offered for sale by one who deals in goods of that kind.
Reference: 12A O.S. 2001 § 2-104[ 12A-2-104](1).
Nighttime — Period between sunset and sunrise.
Reference: 21 O.S. 2001 § 1440.[ 21-1440].
Of Another — One who has lawful possession as against the rights of a taker, without regard to ownership.
Reference: Davidson v. State, 330 P.2d 607 (Okla.Cr. 1958).
Personal Property — Money, goods, chattels, effects, evidences of rights in action, and written instruments effecting a monetary obligation or right of title to property.
Reference: 21 O.S. 2001 § 103.[ 21-103].
Right of Way — The limited right to travel across the land of another.
References: 60 O.S. 2001 § 50[ 60-50]; Black's Law Dictionary 1191 (5th ed. 1979).
Stealth — Without right; secretly and without leave or consent of the owner.
Reference: Roach v. State, 23 Okla. Cr. 280, 214 P. 563 (1923).
Taking — The exercise of complete possession or control.
References: Cunningham v. District Ct. of Tulsa Co., 432 P.2d 992 (Okla. Cr. 1967); Hutchinson v. State, 427 P.2d 112 (Okla.Cr. 1967); Brinkley v. State, 60 Okla. Cr. 106, 61 P.2d 1023 (1936).
Value — Fair market value or reasonable selling price of property.
References: Gilbreath v. State, 555 P.2d 69 (Okla. 1976); Morris v. State, 491 P.2d 784 (Okla.Cr. 1971); Carson v. State, 30 Okla. Cr. 438, 236 P. 627 (1925).
Vessel — A ship of any kind, and any structure adapted to be navigated from place to place.
Reference: 21 O.S. 2001 § 98.[ 21-98].
OUJI-CR 6-3B DRUG OFFENSES: POSSESSION OF ANHYDROUS AMMONIA IN AN UNAUTHORIZED CONTAINER WITH INTENT TO MANUFACTURE
No person may be convicted possessing anhydrous ammonia in an unauthorized container with the intent to manufacture a controlled dangerous substance unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, knowingly/intentionally;
Second, possessing;
Third, anhydrous ammonia in an unauthorized container;
Fourth, with the intent to use the anhydrous ammonia to manufacture;
Fifth, the controlled dangerous substance of [Name of Controlled Dangerous Substance].
[You may, but are not required to, regard proof that the defendant knowingly/intentionally possessed anhydrous ammonia in an unauthorized container as sufficient evidence that the defendant intended to use the anhydrous ammonia to manufacture [Name of Controlled Dangerous Substance. The defendant's intent to use the anhydrous ammonia to manufacture [Name of Controlled Dangerous Substance] must be proved beyond a reasonable doubt.]
Statutory Authority: 63 O.S 2001, § 2-401(G).
Notes on Use
The bracketed sentences after the elements should be included with the instruction if evidence has been introduced that the defendant possessed anhydrous ammonia in an unauthorized container.
OUJI-CR 6-3C DRUG OFFENSES: ENDEAVORING TO MANUFACTURE — ELEMENTS
No person may be convicted of offering/soliciting/attempting/ endeavoring/conspiring to manufacture a controlled dangerous substance unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, knowingly/intentionally;
Second, offering/soliciting/attempting/endeavoring/conspiring;
Third, to manufacture;
Fourth, the controlled dangerous substance of [Name of Substance].
Statutory Authority: 63 O.S. 2001 § 2-408.[ 63-2-408].