Okla. Stat. tit. 21 § 711 : Crimes and Punishments — Homicide —Manslaughter — First Degree Manslaughter TEXT PDF 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. 2. When perpetrated without a design to effect death, and in a heat of passion, but in a cruel and unusual manner, or by means of a dangerous weapon; unless it is committed under such circumstances as constitute excusable or justifiable homicide. 3. When perpetrated unnecessarily either while resisting an attempt by the person killed to commit a crime, or after such attempt shall have failed. Okla. Stat. tit. 21, § 711 R.L. 1910, § 2320.