State v. Solomon

Appellant argues that the judgment of the Court of Appeals should be reversed because the trial court erred in instructing the jury that it could find that ap*217pellant had purposely caused Martha Glasgow’s death with prior calculation and design even if it found that he planned to cause Charles Glasgow’s death. Appellant further contends that the trial court erred in failing to instruct the jury on the lesser included offenses of murder and voluntary manslaughter.

In Wareham v. State (1874), 25 Ohio St. 601, this court held that a person could be convicted of second degree murder even if purpose…