# Breshers v. State

> Court of Criminal Appeals of Oklahoma · December 2, 1977 · 572 P.2d 561

URL: https://www.frixlaw.com/law-library/cases/9545310

## Case

- **Full name:** Carey Lonnell BRESHERS, Jr., Appellant, v. the STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** December 2, 1977
- **Citations:** 572 P.2d 561; 1977 OK CR 331; 1977 Okla. Crim. App. LEXIS 670
- **Precedential status:** Published
- **Opinion:** Concurrence by Bussey
- **Judges:** Brett, Bussey, Cornish
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9545310

## Opinion text

BUSSEY, Presiding Judge,
concurs in results:
After considering the totality of the evidence, including the statement given to the *569 officers by the defendant, wherein he acknowledged that he shot the deceased but could give no reason for doing so, I am of the opinion that the facts support a conviction for Manslaughter in the First Degree and justify a sentence of twenty-five years. The defendant committed a misdemeanor when he whirled and fired the rifle in the direction of the deceased at a distance of eighty yards. He was not an expert marksman, and the record is devoid of any evidence or circumstances tending to support the conclusion that the homicide was committed with the premeditated design to effect the death of the deceased. Clearly this falls within the purview of 21 O.S.1971, §711:
“Homicide is manslaughter in the first degree in the following cases:
“1. When perpetrated without a design to effect death by a person while engaged in the commission of a misdemeanor.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9545310. Public record. Not legal advice.