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Oklahoma Statutes

Okla. Stat. tit. 21, § 702 (2026)

Design to effect death inferred

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A design to effect death is inferred from the fact of killing, unless the circumstances raise a reasonable doubt whether such design existed. R.L.1910, § 2314.

Notes of Decisions
Cited in 35 cases (2 in the last 5 years), 1964–2023 · leading case: Patton v. Mullin, 425 F.3d 788 (10th Cir. 2005).
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Patton v. Mullin, 425 F.3d 788 (10th Cir. 2005). · cites it 5× “See Okla. Stat. tit. 21 § 702. 3 According to Mr.”
Hogan v. Gibson, 197 F.3d 1297 (10th Cir. 1999). · cites it 3× “CIV-97-134-R, at 16; see Okla. Stat. tit. 21, § 702 (providing the fact of Killing permits an inference of design to effect death absent reasonable doubt arising from the circumstances).”
Phillips v. State, 1999 OK CR 38, 989 P.2d 1017. · cites it 2× “Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof. (emphasis added).”
Frederick v. State, 2017 OK CR 12. · cites it 3× “" 21 O.S.2011, § 702. See also Davis, 2011 OK CR 29, ¶ 76, 268 P.”
Patton v. State, 1998 OK CR 66, 973 P.2d 270. · cites it 2× “” 21 O.S.1991, § 702. Premeditation sufficient to constitute murder may be formed in an instant.”
Spears v. Mullin, 343 F.3d 1215 (10th Cir. 2003). “See Okla. Stat. tit. 21, § 702 (“A design to effect death is inferred from the fact of killing, unless the circumstances raise a reasonable doubt whether such design existed.”
Mollett v. State, 1997 OK CR 28, 939 P.2d 1. · cites it 2× “" 21 O.S.1991, § 702. [8] The return of service indicating Ms.”
Hooks v. Ward, 184 F.3d 1206 (10th Cir. 1999). “2d at 1280 (quoting 21 Okla. Stat. tit. 21, § 702 ), and; (3) Hooks failed to elicit at trial evidence of circumstances sufficient to “raise a reasonable doubt” that Shalimein’s death was premeditated.”
Hancock v. State, 2007 OK CR 9, 155 P.3d 796. “¶ 65 The Oklahoma Statutes define first-degree murder as the unlawful killing of a human being with malice aforethought.”
John W. Duvall v. Dan Reynolds, 139 F.3d 768 (10th Cir. 1998). “” Okla. Stat. Ann. tit. 21, § 701.7 (A) (West 1983).”
Frederick v. State, 2017 OK CR 12, 400 P.3d 786. ““Malice is that deliberate intention unlawfully to take away the life of a human being, which is manifested by external circumstances capable of proof.”
Williams v. State, 807 P.2d 271 (Okla. Crim. App. 1991). · cites it 2× “Furthermore, a design to effect death may be inferred from the fact of killing, 21 O.S.1981, § 702, and such design may be formed instantly before committing the act by which it is carried into execution.”
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