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The Range
Law & Order
Disparity of Force - A question for OSA Legal Eagles
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<blockquote data-quote="vvvvvvv" data-source="post: 2249340" data-attributes="member: 5151"><p>In <em><a href="http://www.oscn.net/applications/oscn/deliverdocument.asp?id=57401" target="_blank">Perry v. State</a></em> (1951 OK CR 115, 94 Okl.Cr. 347, 235 P.2d 963), Perry was convicted of manslaughter for shooting an unarmed man. Perry asserted that he was acting in self-defense because he believed that McFerran was carrying a gun when McFerran advanced toward Perry after cursing Perry and speaking to Perry in an aggressive tone. McFerran had previously made threats (up to and including death) against Perry. Perry also tried to initially defuse the situation. Jury instructions "gave great weight to the threats, both communicated and uncommunicated" by McFerran against Perry. The jury was believed to have opted for the minimum sentence of four years in light of the previous threats.</p><p></p><p></p><p></p><p></p><p></p><p>On a tangent... something I've learned through this latest bit of research - the nature of the weapon used for self defense directly affects whether or not you have a right to self defense under Oklahoma's Stand Your Ground law. <em><a href="http://www.oscn.net/applications/oscn/deliverdocument.asp?id=461618" target="_blank">Dawkins v. State</a></em> (2011 OK CR 1, 252 P.3d 214).</p><p></p><p>I could see that being applied to having medication in your possession without a valid (including expired) prescription if the state really wanted to stretch...</p></blockquote><p></p>
[QUOTE="vvvvvvv, post: 2249340, member: 5151"] In [I][URL="http://www.oscn.net/applications/oscn/deliverdocument.asp?id=57401"]Perry v. State[/URL][/I] (1951 OK CR 115, 94 Okl.Cr. 347, 235 P.2d 963), Perry was convicted of manslaughter for shooting an unarmed man. Perry asserted that he was acting in self-defense because he believed that McFerran was carrying a gun when McFerran advanced toward Perry after cursing Perry and speaking to Perry in an aggressive tone. McFerran had previously made threats (up to and including death) against Perry. Perry also tried to initially defuse the situation. Jury instructions "gave great weight to the threats, both communicated and uncommunicated" by McFerran against Perry. The jury was believed to have opted for the minimum sentence of four years in light of the previous threats. On a tangent... something I've learned through this latest bit of research - the nature of the weapon used for self defense directly affects whether or not you have a right to self defense under Oklahoma's Stand Your Ground law. [I][URL="http://www.oscn.net/applications/oscn/deliverdocument.asp?id=461618"]Dawkins v. State[/URL][/I] (2011 OK CR 1, 252 P.3d 214). I could see that being applied to having medication in your possession without a valid (including expired) prescription if the state really wanted to stretch... [/QUOTE]
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