State v. Perez

Reilly, Presiding Judge.

Defendant was indicted on one count of felonious assault in violation of R.C. 2903.11 with a specification under R.C. 2941.143 alleging that the victim suffered physical harm. A jury trial was held before the common pleas court on May 22, 1990. The jury found defendant guilty of the lesser included offense of simple assault under R.C. 2903.13. Defendant appeals and alleges the following assignments of error:

“I. The court erroneously instructed the jury on the affirmative defense of self-defense, by using an instruction applicable only to the use of deadly force, though…