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STATE v. MELCHIOR

No. 77-1125.

56 Ohio St. 2d 15 (1978)

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

Supreme Court of Ohio.

Decided October 4, 1978.

Attorney(s) appearing for the Case

Mr. Lee C. Falke, prosecuting attorney, and Mr. Herbert Creech, for appellee.

Messrs. Denny & Henke, Mr. Larry J. Denny and Mr. Lawrence W. Henke, III, for appellant.

I.

SWEENEY, J.

In his first proposition of law, appellant contends that the trial court committed prejudicial error when it instructed the jury that the appellant must prove the affirmative defense of self-defense by a preponderance of the evidence.

The Court of Appeals, although finding that the trial court had improperly placed upon the defendant a higher degree of proof than necessary to successfully...

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