STATE v. DURKIN

No. 80-716.

66 Ohio St. 2d 158 (1981)

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

Supreme Court of Ohio.

Decided May 13, 1981.


Attorney(s) appearing for the Case

Mr. J. Walter Dragelevich, prosecuting attorney, Mr. Dennis Watkins and Mr. Peter J. Kontos, for appellant.

Mr. Samuel Petkovich and Mr. Mark Gregorich, for appellee.


Per Curiam.

The state asserts that the Court of Appeals erred in reversing appellee's conviction for murder. We agree.

The trial judge, in instructing the jury on the lesser included offense of voluntary manslaughter, stated, in part, that:

"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...

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