STATE v. ELFRINK

No. 33858.

161 Ohio St. 549 (1954)

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

Supreme Court of Ohio.

Decided June 2, 1954.


Attorney(s) appearing for the Case

Mr. Robert G. Tague, prosecuting attorney, and Mr. D. F. Trew, for appellee.

Mr. Joseph L. Meenan and Mr. Joseph C. Allen, for appellant.


WEYGANDT, C. J.

The defendant's first contention is that the judgment should be reversed and the cause remanded for a retrial. Secondly, he contends that, in the event he is denied a retrial, this court should reduce the degree of the offense from murder in the second degree to manslaughter in the first degree.

Numerous errors are assigned, but only two require discussion by this court.

The first relates to the trial court's charge to the jury on the...

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