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STATE v. MUSCATELLO

No. 77-950.

55 Ohio St. 2d 201 (1978)

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

Supreme Court of Ohio.

Decided July 26, 1978.

Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. George J. Sadd, for appellant.

Gold, Rotatori, Messerman & Schwartz Co., L. P. A., Mr. Gerald A. Messerman and Mr. Julian Cohen, for appellee.

HERBERT, J.

The charge of the trial court to the jury in the cause at bar included, in relevant part:

"Voluntary manslaughter is knowingly causing the death of another while under extreme emotional stress brought on by serious provocation reasonably sufficient to incite the Defendant into using deadly force.

"Before you can find the Defendant guilty of voluntary manslaughter, you must find beyond a reasonable...

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