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Oklahoma Statutes

Okla. Stat. tit. 21, § 731 (2026)

Excusable homicide, what is

✓ current as of July 2026
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Homicide is excusable in the following cases: 1. When committed by accident and misfortune in doing any lawful act, by lawful means, with usual and ordinary caution, and without any unlawful intent. 2. When committed by accident and misfortune in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat provided that no undue advantage is taken, nor any dangerous weapon used, and that the killing is not done in a cruel or unusual manner. Amended by Laws 1985, c. 90, § 1, eff. Nov. 1, 1985.

Notes of Decisions
Cited in 25 cases (3 in the last 5 years), 1958–2026 · leading case: Cipriano v. State, 2001 OK CR 25 (Okla. Crim. App. 2001).
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Cipriano v. State, 2001 OK CR 25 (Okla. Crim. App. 2001). · cites it 4× “Title 21 O.S.1991, § 731 provides that homicide is excusable in the following situations: 1.”
Ball v. State, 2007 OK CR 42 (Okla. Crim. App. 2007). · cites it 3× “21 O.S.2001, § 731. ¶ 28 The State's misapprehension of the law of excusable homicide, which apparently influenced the District Court's ruling, is shown by reading the Committee Comment to OUJI-CR(2d) 8-29.”
State v. Betts, 514 P.3d 341 (Kan. 2022). “1-05-01 (self-defense justification "unavailable in a prosecution for such recklessness or negligence"); Okla. Stat. Ann. tit. 21, § 731 ("Homicide is excusable .”
Camron v. State, 829 P.2d 47 (Okla. Crim. App. 1992). · cites it 2× “The defense of excusable homicide, 21 O.S.Supp. 1985, § 731, is predicated upon accident and misfortune and limited to the fact situations identified in the statute.”
Spunaugle v. State, 946 P.2d 246 (Okla. Crim. App. 1997). · cites it 2× “Excuse is limited by 21 O.S.1991, § 731, which reads: Homicide is excusable in the following cases: 1.”
Long v. State, 2003 OK CR 14 (Okla. Crim. App. 2003). “" ¶ 16 Any other rule is simply repugnant to nearly universal standards of decency developed over many decades of human experience.”
Lee v. State, 637 P.2d 879 (Okla. Crim. App. 1981). “In a novel legal argument, he has yoked the excusable *885 homicide statute, 21 O.S.1971, § 731(1), with the statute governing use of force in defense of a third person, when the charge is assault or battery, 21 O.”
Hill v. State, 672 P.2d 308 (Okla. Crim. App. 1983). “See 21 O.S.1981, §§ 731 (Excusable homicide), and 733 (Justifiable homicide).”
Ussery v. State, 758 P.2d 319 (Okla. Crim. App. 1988). · cites it 2× “In Oklahoma, homicide is classified into four categories: (1) Murder; (2) Manslaughter; (3) Excusable homicide; or (4) Justifiable homicide. 21 O.S.1981, § 692. Both the common law and our statutes distinguish between excusable homicide and justifiable homicide.”
Bell v. State, 381 P.2d 167 (Okla. Crim. App. 1962). “Herein the defendant sought by his requested instructions to bring the case within the provisions of Title 21 O.S.1961 § 731, reading as follows: “Homicide is excusable in the following cases: “1.”
Holloway v. State, 550 P.2d 1352 (Okla. Crim. App. 1976). “”; and the trial court submitted an excusable homicide instruction which was verbatim from 21 O.S.1971 § 731, the statute defining excusable homicide.”
Dennis v. State, 556 P.2d 617 (Okla. Crim. App. 1976). “Excusable homicide is defined by 21 O.S. § 731 as including a homicide committed by accident and misfortune in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.”
Show all 25 citing cases →
Okla. Stat. tit. 21, § 731(1): 5 cases
Ball v. State, 2007 OK CR 42 (Okla. Crim. App. 2007). “21 O.S.2001, § 731. ¶ 28 The State's misapprehension of the law of excusable homicide, which apparently influenced the District Court's ruling, is shown by reading the Committee Comment to OUJI-CR(2d) 8-29.”
Cipriano v. State, 2001 OK CR 25 (Okla. Crim. App. 2001). “Title 21 O.S.1991, § 731 provides that homicide is excusable in the following situations: 1.”
Lee v. State, 637 P.2d 879 (Okla. Crim. App. 1981). “In a novel legal argument, he has yoked the excusable *885 homicide statute, 21 O.S.1971, § 731(1), with the statute governing use of force in defense of a third person, when the charge is assault or battery, 21 O.”
Palmer v. State, 788 P.2d 404 (Okla. Crim. App. 1990).
Ussery v. State, 758 P.2d 319 (Okla. Crim. App. 1988). “In Oklahoma, homicide is classified into four categories: (1) Murder; (2) Manslaughter; (3) Excusable homicide; or (4) Justifiable homicide. 21 O.S.1981, § 692. Both the common law and our statutes distinguish between excusable homicide and justifiable homicide.”
Okla. Stat. tit. 21, § 731(2): 1 case
Cipriano v. State, 2001 OK CR 25 (Okla. Crim. App. 2001). “Title 21 O.S.1991, § 731 provides that homicide is excusable in the following situations: 1.”
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