Oklahoma Court of Criminal Appeals
972 P.2d 32 (1998)
Anderson (defendant) was an invited guest in the home of Joe Alvey and Chris Wilson. Joe Younger and Chris Harris broke into Alvey and Wilson’s home, while Anderson was there as a guest. Anderson shot Younger and Harris. Anderson was charged with first-degree murder and shooting with intent to kill. At trial, Anderson requested that the trial court instruct the jury on the statutory affirmative defense that allows an occupant of a dwelling to use deadly force against an unlawful intruder, if the occupant reasonably believes the intruder may use force against any other occupant. The state objected, arguing that the defense did not apply to Anderson, because Anderson was only an invited guest and not a resident of the dwelling. The trial court granted Anderson’s request and instructed the jury on the statutory affirmative defense. The state reserved as a question of law whether the word “occupant” as used in the statute includes people other than the homeowner or a continuous resident of the dwelling. Anderson was found not guilty on both counts. The state appealed on the reserved question of law.
Rule of Law
Holding and Reasoning (Lumpkin, J.)
Dissent (Chapel, J.)
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