# Walton v. State

> Court of Criminal Appeals of Oklahoma · October 22, 1987 · 744 P.2d 977

URL: https://www.frixlaw.com/law-library/cases/9618363

## Case

- **Full name:** Jerry Lee WALTON, Appellant, v. STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** October 22, 1987
- **Citations:** 744 P.2d 977; 1987 OK CR 227; 1987 Okla. Crim. App. LEXIS 511
- **Precedential status:** Published
- **Opinion:** Concurrence by Parks
- **Judges:** Brett, Bussey, Parks
- **Cited by:** 21 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/9618363

## Opinion text

PARKS, Judge, specially
concurring:
I write separately to address the decision of this Court to overrule Morgan v. State, 536 P.2d 952, 959 (Okla.Crim.App.1975). While Morgan, supra, sets forth a well-reasoned rule, the better approach is the one which is adopted by the majority, as it allows for a case-by-case analysis. Under this new rule, the trial court must closely scrutinize each individual case to determine whether the facts warrant instructions on both self-defense and heat of passion.
After close examination of the circumstances presented by the appellant, it is clear that an instruction on first-degree manslaughter committed in the heat of passion was not appropriate. Therefore, I agree that the appellant was not entitled to an instruction regarding the heat of passion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9618363. Public record. Not legal advice.