Legal Opinion

Sullinger v. State

Court of Criminal Appeals of Oklahoma

Decided February 17, 1984No. F-82-710PublishedCited by 16 opinions

1Opinion of the Court

OPINION

CORNISH, Judge:

Michael David Sullinger was convicted of Felony-Murder in the Second Degree in Cleveland County District Court. Punishment of ten (10) years’ imprisonment was imposed.

The felony murder charge was predicated upon the theory that the homicide occurred during appellant’s commission of Aggravated Assault and Battery on a Corrections Officer. 21 O.S.1981, § 650. Appellant asserts as his first proposition of error that the trial court committed reversible error in submitting the felony murder theory to the jury. We agree.

In order for the taking of human life in the commission…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. People v. MattisonCalifornia Supreme Court · 1971
  2. Tarter v. StateCourt of Criminal Appeals of Oklahoma · 1961
  3. People v. TaylorCalifornia Court of Appeal · 1970
  4. Jewell v. Territory of OklahomaSupreme Court of Oklahoma · 1896
  5. Ensley v. StateCourt of Criminal Appeals of Oklahoma · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. CorneauNew Mexico Court of Appeals · 1989
  2. Roary v. StateCourt of Appeals of Maryland · 2005
  3. Schultz v. StateCourt of Criminal Appeals of Oklahoma · 1988
  4. Barnett v. StateCourt of Criminal Appeals of Alabama · 2000
  5. State v. McCannCourt of Criminal Appeals of Oklahoma · 1995

11 more not listed; retrieve them via the Exa API.

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