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STATE v. CHASE

No. 76-1254.

55 Ohio St. 2d 237 (1978)

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

Supreme Court of Ohio.

Decided August 2, 1978.

Attorney(s) appearing for the Case

Mr. George C. Smith, prosecuting attorney, and Mr. Allan C. Travis, for appellee.

Messrs. Nemeth & Gantz and Mr. Curtis F. Gantz, for appellant.

O'NEILL., C. J.

The trial judge instructed the jury as follows: "In order to establish a defense of insanity the accused must establish that a disease or other defect of his mind had so impaired his reason that at the time of the criminal act with which he is charged either he did not know that such act was wrong or he did not have the ability to refrain from doing that act."

This charge was erroneous under R. C. 2901.05(A). State v. Robinson

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