State v. Seliskar

Appellant’s single proposition of law reads:

“Where the evidence, exclusive of that provided by the defendant-appellant, raised the issue of self-defense, and the trial court refused to instruct the jury on that issue in the absence of defendant-appellant’s testifying on his own behalf, such refusal by the trial court constitutes a violation of defendant-appellant’s right to immunity *96from self-incrimination as provided by the Fifth Amendment to the United States Constitution.”

“ ‘Self defense in Ohio * * * is regarded as affirmative defense,’ ” to be established “ ‘by preponderating evidence.’…