STATE v. STUBBS

No. 24432.

107 Ohio App. 382 (1958)

THE STATE OF OHIO, APPELLEE, v. STUBBS, APPELLANT.

Court of Appeals of Ohio, Cuyahoga County.

Decided October 1, 1958.


Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. Merle M. McCurdy, for appellee.

Mr. Bernard B. Direnfeld and Mr. William M. Greene, for appellant.


Per Curiam.

In this case the defendant was indicted for and found guilty of murder in the second degree. The evidence presented by the defendant raised an issue as to manslaughter, and the court charged on manslaughter as an included offense but instructed the jury erroneously upon the crime of manslaughter. Upon the jury's request for further instructions, the court again instructed the jury erroneously and failed...

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