# Harger v. State

> Court of Criminal Appeals of Oklahoma · March 2, 1983 · 665 P.2d 827

URL: https://www.frixlaw.com/law-library/cases/9600552

## Case

- **Full name:** Gary Dean HARGER, Appellant, v. the STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** March 2, 1983
- **Citations:** 665 P.2d 827
- **Precedential status:** Published
- **Opinion:** Concurring in part by Brett
- **Judges:** Cornish, Bussey, Brett
- **Cited by:** 5 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/9600552

## Opinion text

BRETT, Judge,
concurring in part, and dissenting in part.
I concur that appellant should stand convicted, but not for the crime of First Degree Murder. As I view the record, the prosecution failed to prove the element of malice aforethought required in First Degree Murder. I would modify the conviction to First Degree Manslaughter and modify his sentence to forty-five (45) years.
When appellant made his inculpatory admission, describing where the deceased’s body was located, he also stated before the Sheriff that “he didn’t mean to kill her.” (Tr. 58). The record reflects to me that the homicide occurred in the heat of passion resulting from what the deceased said to appellant during their argument. Therefore, I would modify the conviction to First Degree Manslaughter, and modify the sentence accordingly.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9600552. Public record. Not legal advice.