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State v. Anderson

Oklahoma Court of Criminal Appeals

972 P.2d 32 (1998)

Relevant factsFree

Anderson (defendant), an invited guest at a friend's home, shot two intruders who broke in while he was present, and was charged with first-degree murder and shooting with intent to kill; at trial, the court instructed the jury on Oklahoma's 'Make My Day' statutory affirmative defense permitting a dwelling 'occupant' to use deadly force against an intruder reasonably believed to pose a threat to any occupant, over the state's objection that the defense applied only to homeowners or residents, not guests. Anderson was acquitted, and the state appealed the reserved legal question of the statute's scope.

IssueFree

Whether, under state statute, the term 'occupant' may include people other than the owner or a continuous resident of the dwelling.

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