STATE v. ROBINSON

No. 34084.

162 Ohio St. 486 (1955)

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

Supreme Court of Ohio.

Decided February 2, 1955.


Attorney(s) appearing for the Case

Mr. William A. Ambrose, prosecuting attorney, for appellant.

Mr. D. F. Rendinell, for appellee.


Per Curiam.

Under Sections 13449-1 and 13459-6, General Code, the Court of Appeals may not modify a verdict or finding that a defendant is guilty of second degree murder by reducing it to a verdict or finding of manslaughter, unless the verdict or finding is "not sustained by sufficient evidence" of second degree murder but is sustained by sufficient evidence of manslaughter. Whether there is sufficient evidence of second degree murder in the instant case is...

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