Oklahoma Statutes
Okla. Stat. tit. 22, § 916 (2026)
Included offense or attempt may be found
✓ current as of July 2026
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The jury may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged, or of an attempt to commit the offense. R.L.1910, § 5923.
Notes of Decisions
Cited in 31
cases, 1946–2019 · leading case: Shrum v. State, 1999 OK CR 41 (Okla. Crim. App. 1999).
Shrum v. State, 1999 OK CR 41 (Okla. Crim. App. 1999). “(emphasis added). ¶ 6 This Court has traditionally held that the trial court instructing the jury on all possible verdicts, especially in homicide cases, must include all lesser included offenses supported by the evidence.”
McHam v. State, 2005 OK CR 28 (Okla. Crim. App. 2005). “22 O.S.2001, § 916. See also Shrum, 991 P.”
People v. Fontenot, 447 P.3d 252 (Cal. 2019). “"]; Okla. Stat. tit. 22, § 916 ["The jury may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged, or of an attempt to commit the offense .”
Riley v. State, 947 P.2d 530 (Okla. Crim. App. 1997). “See 22 O.S.1991, § 916. [3] Under the facts of this case, all the essential elements of lewd molestation were included in the rape charge.”
Darks v. Gibson, 327 F.3d 1001 (10th Cir. 2003). “31(c), which permits defendant to be found guilty of offense “necessarily included” in offense charged), and Okla. Stat. tit. 22, § 916 (using language similar to Rule 31(c)).”
Parks v. State, 651 P.2d 686 (Okla. Crim. App. 1982). “2d 392 (1980); 22 O.S.1971, § 916. The trial court determined as a matter of law that the evidence was insufficient in the present case to allow the jury to find that the appellant was using a fraudulent credit card, thus there could be no justification for a finding of second…”
Grissom v. State, 2011 OK CR 3 (Okla. Crim. App. 2011). “22 O.S.2001, § 916; State v. Uriarite, 1991 OK CR 80, ¶ 8 , 815 P.”
Jackson v. State, 554 P.2d 39 (Okla. Crim. App. 1976). “In support of his assignment, counsel for the defendant cites several Oklahoma statutes: 22 O.S.1971, § 916; 47 O.S.1971, § 11-902; 47 O.”
Hogan v. Gibson, 197 F.3d 1297 (10th Cir. 1999). “We note that the sufficiency standard for lesser included instructions in Oklahoma, see Okla. Stat. tit. 22, § 916 , is consistent with the standard cited in Beck and adopted by this Circuit.”
Graham v. State, 2001 OK CR 18 (Okla. Crim. App. 2001). “Indeed, the Committee Comments regarding this instruction indicate careful consideration has been given in drafting it to comply with many of this Court's decisions and to comply with 22 O.S.1991, § 916. ¶ 3 Therefore, the Opinion now modifies this clear and correct statement of…”
Batie v. State, 545 P.2d 797 (Okla. Crim. App. 1976). “, § 681; assault and battery with a dangerous weapon, in violation of 21 O.”
Born v. State, 397 P.2d 924 (Okla. Crim. App. 1964). “John, Foreman” Defendant cites no cases in support of her contention, but merely contends that defendant was not found guilty of any charge, lesser included, as charged in the Information.”
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