Okla. Stat. » Title 21 — CRIMES AND PUNISHMENTS
Oklahoma Statutes

Okla. Stat. tit. 21, § 704 (2026)

Anger or intoxication no defense

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Homicide committed with a design to effect death is not the less murder because the perpetrator was in a state of anger or voluntary intoxication at the time. R.L.1910, § 2316.

Notes of Decisions
Cited in 6 cases, 1986–2016 · 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 3× “2d at 288 (citing Okla. Stat. tit. 21 § 704 and OCCA decisions).”
Walker v. State, 723 P.2d 273 (Okla. Crim. App. 1986). · cites it 2× “21 O.S.1981, § 704. The heat of passion must render the mind incapable of forming a design to effect death before the defense of manslaughter is established.”
Spunaugle v. State, 1997 OK CR 47, 946 P.2d 246. · cites it 2× “Title 21 O.S.1991, § 704 provides that "homicide committed with a design to effect death is not the less murder because the perpetrator was in a state of anger of voluntary intoxication.”
Grissom v. State, 2011 OK CR 3, 253 P.3d 969. “" 21 O.S.2001, § 704. Our case law has long recognized an exception to these rules where intoxication utterly negates the mens rea necessary for the crime.”
Goulsby v. State, 742 P.2d 567 (Okla. Crim. App. 1987). “” Title 21 O.S.1981, § 704 provides, “Homicide committed with a design to effect death is not the less murder because the perpetrator was in a state of anger .”
Martinez v. State, 2016 OK CR 3. · cites it 2× “" 21 O.S.2001, § 704. Voluntary intoxication may reduce criminal homicide from first degree murder to second degree murder or first degree manslaughter; but only when the defendant is "so utterly intoxicated, that his mental powers are overcome, rendering it impossible for a…”
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