Funkhouser v. State

I dissent to the majority’s affirmance of appellants’ convictions, insofar as I agree with appellants that the trial court erred in overruling their motion to quash the information on the ground that the proper charge was first degree manslaughter pursuant to 21 O.S.1981, § 711(1), the misdemeanor-manslaughter rule.

The undisputed testimony in the instant case shows that the appellants knew their child was ill, but chose not to seek secular medical treatment relying instead on spiritual means through prayer. Where the misdemeanor-manslaughter doctrine is applicable, it absolutely precludes a…