Marcoguiseppe v. State

Plaintiff in error was indicted and tried in the court of common pleas of Cuyahoga county on charges of “shooting with intent to kill” and “shooting with intent to wound.” One of the issues of the case was self-defense, and competent evidence was introduced tending to support that defense. One of the errors complained of in the course of the trial was the charge of the court upon the issue of self-defense, as follows:

“You are instructed that the danger which Marcoguiseppe is urging in support of his plea of self-defense must be actual, and that. Marcoguiseppe must have honestly believed that…