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  #11  
Old 07-12-2013, 04:59 PM
Kevin Kevin is offline
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
Posts: 18,669
I was off on my elements. My mistake... I only know Oklahoma law anyhow.

I think manslaughter would work in Oklahoma. No idea about Florida.

Here are the Oklahoma Uniform Jury Instructions for manslaughter:

Quote:
OUJI-CR 4-94

MANSLAUGHTER IN THE FIRST DEGREE

BY MISDEMEANOR-MANSLAUGHTER - ELEMENTS

No person may be convicted of manslaughter in the first degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:

First, the death of a human;

Second, occurring as a direct result of an act or event which happened in the commission of a misdemeanor;

Third, caused by [the defendant(s)]/[a person engaged with the defendant(s)] while in the commission of the misdemeanor;

Fourth, the elements of the [Specify Underlying Misdemeanor] defendant(s) is/are alleged to have been in the commission of are as follows:

[Give Elements of Underlying Misdemeanor]
The misdemeanor could be assault and battery.
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