STATE v. TOTH

No. 77-217.

52 Ohio St. 2d 206 (1977)

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

Supreme Court of Ohio.

Decided December 28, 1977.


Attorney(s) appearing for the Case

Mr. David E. Lighttiser, prosecuting attorney, and Mr. Robert L. Becker, for appellee.

Mr. John I. Peters, for appellant.


I.

Per Curiam.

In his first proposition of law, the appellant contends that: (1) the trial court erred in instructing the jury that the appellant had the burden of proving insanity and disabling intoxication by a preponderance of the evidence; (2) the appellant's failure to object to such instruction did not automatically prevent him from raising the error on appeal, where the error critically affected his substantial rights; and (3) the charge to...

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