Legal Opinion · Dissent
Lester v. State
Court of Criminal Appeals of Oklahoma
Decided April 8, 1977No. M-76-538Published
1DissentBrett, Judge
The majority opinion has sounded the death knell for requiring that a defendant be culpable in order to be found guilty of negligent homicide. The statute under which the defendant was charged is 47 O.S. 1971, § ll-903(a), which states:
*1168“When the death of any person ensues within one year as a proximate result of injury received by the driving of any vehicle in reckless disregard of the safety of others, the person so operating such vehicle shall be guilty of negligent homicide.” (Emphasis added)
Here, no question was raised as to whether the person died within one year as the proximate result…
2Cases cited7 opinions
- Nail v. StateCourt of Criminal Appeals of Oklahoma · 1925
- Crossett v. StateCourt of Criminal Appeals of Oklahoma · 1952
- Freeman v. StateCourt of Criminal Appeals of Oklahoma · 1940
- Wilson v. StateCourt of Criminal Appeals of Oklahoma · 1940
- Moore v. StrongCourt of Appeals for the Tenth Circuit · 1966
2 more not listed; retrieve them via the Exa API.