STATE v. POOLE

No. 72-477.

33 Ohio St. 2d 18 (1973)

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

Supreme Court of Ohio.

Decided March 14, 1973.


Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. Curtis L. Smith, for appellee.

Messrs. Tuma, Kurtz, Gray & Modica and Mr. Donald A. Modica, for appellant.


HERBERT, J.

The question which prompted our allowance of the motion for leave to appeal in this first degree murder case is whether defendant's contention that the killing was an accident is an affirmative defense, requiring the defendant to establish it by a preponderance of the evidence.

This court has consistently recognized that there are certain "justification[s] for admitted conduct"1 allowed to a defendant in a criminal...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases