State v. Anderson

972 P.2d 32 (1998)

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Nature of the Case

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Facts

D was charged with Murder in the First Degree and Shooting with Intent to Kill. D filed a Motion to Quash the Information based in part, upon the State's interpretation of 21 O.S.1991, § 1289.25. the court refused but ruled that D, although only a visitor in the residence, qualified as an 'occupant' under Section 1289.25. A jury trial was subsequently commenced. At the close of evidence, the jury was given Oklahoma Uniform Jury Instruction-Criminal, 8-15 setting forth the affirmative defense provided in Section 1289.25. The State objected to the instruction and reserved the issues pertaining to the application of Section 1289.25. The jury subsequently returned not guilty verdicts on all charges. The State has reserved, as a question of law, the issue of whether the term 'occupant' as used in Section 1289.25 can include people other than the home-owner or continuous resident of the premises.