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Criminal Law Keyed to Weaver
State v. Anderson
Citation:972 P.2d 32 (Okla. Crim. App. 1998).
The Defendant, Anderson, was an invited guest in the home of Joe Alvey and Chris Wilson. Two other men, Joe Younger and Chris Harris forcibly broke into the home. The Defendant then shot the victims. The Defendant was charged with first-degree murder and shooting with intent to kill. The Defendant requested a jury instruction on the affirmative defense established by state statute that allows an “occupant” of a dwelling to use deadly force against a person who has made an unlawful entry, when the occupant reasonably believes the other person might use physical force against any occupant. The State argued that the Defendant did not qualify for the defense as he was only an invited guest and did not himself reside in the dwelling.
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