State of Ohio, Plaintiff-Appellee,
v.
Malkiese Paythress, Defendant-Appellant.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.https://leagle.com/images/logo.png
RELEASED: June 11, 2009.
RELEASED: June 11, 2009.
Attorney(s) appearing for the Case
Ruth R. Fischbein-Cohen, 3552 Severn Road, Suite 613, Cleveland Heights, OH 44118, Attorney for Appellant.
William D. Mason, Cuyahoga County Prosecutor, By: John Hanley, Assistant County Prosecutor, The Justice Center, 1200 Ontario Street, 8th Floor, Cleveland, OH 44113, Attorneys for Appellee.
Before: Stewart, P.J., Dyke, J., and Jones, J.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
JOURNAL ENTRY AND OPINION
MELODY J. STEWART, P.J.
{¶ 1} A jury found defendant-appellant, Malkiese Paythress, guilty of two counts of felonious assault for cutting his roommate in the face during a fight. Paythress complains that the state failed to produce sufficient evidence that he cut his roommate and that the court should have instructed the jury on the lesser included offense of aggravated assault because the roommate initiated contact...
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