STATE v. McCARTHY

No. 91-2132.

65 Ohio St.3d 589 (1992)

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

Supreme Court of Ohio.

Decided December 31, 1992.


Attorney(s) appearing for the Case

Lee C. Falke, Prosecuting Attorney, and Lorine M. Reid, Assistant Prosecuting Attorney, for appellant.

Flanagan, Lieberman, Hoffman & Swaim, Dennis A. Lieberman and Richard Hempfling, for appellee.

Ronald L. Collins, Tuscarawas County Prosecuting Attorney, urging reversal for amicus curiae, Ohio Prosecuting Attorneys' Association.

Gold, Rotatori, Schwartz & Gibbons Co., L.P.A., and John S. Pyle, urging affirmance for amicus curiae, Ohio Association of Criminal Defense Lawyers.


A. WILLIAM SWEENEY, J.

The crucial issue posed in this appeal is whether the trial court erred to the prejudice of defendant in refusing to provide the jury with a definition of "bona fide" in determining whether any of defendant's actions were performed in the course of the bona fide treatment of a patient. Since we believe the trial court erred in refusing to provide the jury with a definition of "bona fide," we affirm the judgment of the court of appeals below...

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