Any person guilty of manslaughter in the first degree shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not less than four (4) years. R.L. 1910, § 2324. Amended by Laws 1997, c. 133, § 235, eff. July 1, 1999; Laws 1999, 1st Ex. Sess., c. 5, § 139, eff. July 1, 1999; Laws 2005, c. 200, § 4, emerg. eff. May 20, 2005; Laws 2006, c. 185, § 2, eff. Nov. 1, 2006. NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 235 from July 1, 1998, to July 1, 1999.
Notes of Decisions
Cited in
20
cases (
1 in the last 5 years), 1955–2022 · leading case:
Miller v. Champion, 262 F.3d 1066 (10th Cir. 2001).
Miller v. Champion, 262 F.3d 1066 (10th Cir. 2001).
“See Okla. Stat. Ann. tit. 21 § 715; Barlor v.”
Metoyer v. State, 2022 OK CR 27, 526 P.3d 1158.
· cites it 2× “¶7 In the present case, the jury assessed and declared Appellant's sentence at the conclusion of the bifurcated sentencing stage. No objection was made to the jury's sentencing verdict when it was returned.”
Palmer v. State, 719 P.2d 1285 (Okla. Crim. App. 1986).
· cites it 2× “As the attorney general sets forth, the sentence is within the range of punishment set forth in the First Degree Manslaughter Statute, 21 O.S.1981, § 715. This Court held in Russell v.”
Phillips v. State, 650 P.2d 910 (Okla. Crim. App. 1982).
“The thirty-year sentence clearly lies within the statutory limits of 21 O.S.1981, § 715, and considering the nature of the offense, we cannot find that the punishment imposed is excessive.”
Manning v. State, 630 P.2d 327 (Okla. Crim. App. 1981).
“The appellant claims in her eighth assignment of error that the jury’s assessment of twenty-eight (28) years’ imprisonment is excessive, therefore constituting cruel and unusual punishment in violation of her constitutional rights. U.S.Const. Amend. VIII; Okla.”
Bowers v. State, 648 P.2d 835 (Okla. Crim. App. 1982).
“Title 21 O.S.1981, § 715. The sentence was within the legal limits and considering the circumstances of the crime, we do not find any modification of the sentence necessary.”
Birdine v. State, 2004 OK CR 7, 85 P.3d 284.
“21 O.S.2001, § 715. The life sentence imposed by the jury falls within that range and we decline to modify the term of sentence imposed.”
Enoch v. State, 495 P.2d 411 (Okla. Crim. App. 1972).
“21 O.S.1971, § 715. Defendant cites no authorities for his proposition, but argues that the jury was prejudiced by the disclosure, during cross-examination of the defendant, of his prior convictions.”
Walston v. State, 597 P.2d 768 (Okla. Crim. App. 1979).
“Title 21 O.S.1971, § 715, provides punishment for manslaughter in the first degree as follows: “Every person guilty of manslaughter in the first degree is punishable by imprisonment in the penitentiary for not less than four years.”
Marshall v. State, 620 P.2d 443 (Okla. Crim. App. 1980).
“Title 21 O.S.1971, § 715, prescribes a minimum sentence of four years for a conviction of first degree manslaughter.”
Ussery v. State, 758 P.2d 319 (Okla. Crim. App. 1988).
“There are four facts which weigh in favor of leaving the sentence undisturbed: (1) there was an unjustified homicide brought about through the use of a dangerous weapon; (2) the appellant did attempt to hide the weapon; (3) the appellant was apparently leaving the scene when the…”
Stuart v. State, 522 P.2d 288 (Okla. Crim. App. 1974).
“The instruction given was in accord with the terms of 21 O.S.1971, § 715, which prescribes a minimum sentence of four years upon conviction for First Degree Manslaughter.”
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