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STATE v. FOX

No. 71-623.

31 Ohio St. 2d 58 (1972)

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

Supreme Court of Ohio.

Decided July 12, 1972.

Attorney(s) appearing for the Case

Mr. George C. Smith, prosecuting attorney, Mr. James J. O'Grady and Mr. David H. Bodiker, for appellee.

Messrs. Tyack, Scott & Colley and Mr. Robert W. Suhr, for appellant.

BROWN, J.

The defendant raises two propositions of law for consideration by this court:

1. Intention or purpose to kill may be present in the crime of manslaughter, when the killing is without malice upon a sudden quarrel, and a charge by the court to the jury that the crime of manslaughter in the first degree is distinguished from murder in the second degree by the absence of the elements purposely and maliciously...

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