State v. Muscatello

The charge of the trial court to the jury in the cause at bar included, in relevant part:

*203“Voluntary manslaughter is knowingly causing the death of another while under extreme emotional stress brought on by serious provocation reasonably sufficient to incite the Defendant into using deadly force.

“Before you can find the Defendant guilty of voluntary manslaughter, you must find beyond a reasonable doubt:

“* * * [T]hat Richard Rauseher was a living person and his death was caused by the Defendant, William C. Muscatello, in Cuyahoga County, Ohio, on or about the 2nd day of February, 1975, and that…