STATE v. CALHOUN

No. 8049.

10 Ohio App. 3d 23 (1983)

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

Court of Appeals of Ohio, Montgomery County.

Decided April 18, 1983.


Attorney(s) appearing for the Case

Mr. Lee C. Falke, prosecuting attorney, and Mr. Ted E. Millspaugh, for appellant.

Mr. James A. Hensley, for appellee.


KERNS, J.

On July 20, 1982, an indictment was returned which found that the defendant, William E. Calhoun, "did while under extreme emotional stress, brought on by serious provocation, reasonably sufficient to incite him into using deadly force, knowingly cause the death of Brett Alan Love, then and there being a living human being by means of a deadly weapon, to-wit: a rifle, contrary to the form of the statute (in violation of Section 2903.03 of the Ohio Revised...

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