STATE v. UNDERWOOD

No. 82-278.

3 Ohio St. 3d 12 (1983)

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

Supreme Court of Ohio.

Decided February 16, 1983.


Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, and Mr. William E. Breyer, for appellant.

Mr. Robert Blackmore and Mrs. Elizabeth Agar, for appellee.


WILSON, J.

The sole issue in this case is whether the charge on voluntary manslaughter was plain error.

The same charge was found to be plain error in State v. Muscatello (1977), 57 Ohio App.2d 231 [11 O.O.3d 320]. The Court of Appeals for Cuyahoga County reversed Muscatello's murder conviction for this reason as well as two other assignments of error not relevant to this opinion. We affirmed that...

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