STATE v. HIPSHIRE

Appellate No. 2010-CA-07.

2011 Ohio 3863

State of Ohio, Plaintiff-Appellee, v. Michael L. Hipshire, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Darke County.

Rendered on August 5, 2011.


Attorney(s) appearing for the Case

R. KELLY ORMSBY, III , Atty. Reg. #0020615, Darke County Prosecutor's Office, Courthouse, Third Floor, Greenville, Ohio 45331, Attorney for Plaintiff-Appellee.

MICHAEL R. PENTECOST , Atty. Reg. #0036803, 117 South Main Street, Suite 400, Dayton, Ohio 45422, Attorney for Defendant-Appellant.


OPINION

FAIN, J.

{¶ 1} Defendant-appellant Michael Hipshire appeals from his conviction and sentence for Involuntary Manslaughter and Knowingly Failing to Provide for a Functionally Impaired Person. These charges resulted from the death of Hipshire's wife, Mary Anne, in February 2009.

{¶ 2} Hipshire contends that the trial court erred in failing to instruct the jury on the lesser-included offense of Reckless Homicide...

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