Legal Opinion

Malone v. State

Ohio Supreme Court

Decided February 26, 1936No. 25603PublishedCited by 31 opinions

1Opinion of the CourtZimmerman, J.

In seeking a reversal, counsel for defendant relies on four grounds of error:(1) Refusal of the trial court to charge on the grades of homicide less than first degree murder;(2) Permitting the state to inquire of the defendant on cross-examination as to offenses charged against him in the Juvenile Court and there disposed of;(3) Failure to instruct the jury adequately on the matter of confessions;(4) Refusal to charge that if the defendant aban doned participation in the attempted robbery, he was entitled to acquittal.

These questions will be discussed in the order stated.

The indictment was…

2Cases cited5 opinions

  1. Wagner v. StateOhio Supreme Court · 1926
  2. Adams v. StateOhio Supreme Court · 1876
  3. Freeman v. StateOhio Supreme Court · 1928
  4. State v. KellySupreme Court of Louisiana · 1930
  5. Glasscock v. StateOhio Supreme Court · 1932

3Cited by31 opinions

  1. Pee v. United StatesCourt of Appeals for the D.C. Circuit · 1959
  2. State v. NoltonOhio Supreme Court · 1969
  3. People v. SmallwoodMichigan Supreme Court · 1943
  4. Kiracofe v. CommonwealthSupreme Court of Virginia · 1957
  5. State v. ShedrickOhio Supreme Court · 1991

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