State v. Underwood

The sole issue in this case is whether the charge on voluntary manslaughter was plain error.

The same charge was found to be plain error in State v. Muscatello (1977), 57 Ohio App. 2d 231 [11 O.O.3d 320]. The Court of Appeals for Cuyahoga County reversed Muscatello’s murder conviction for this reason as well as two other assignments of error not relevant to this opinion. We affirmed that court’s decision in State v. Muscatello (1978), 55 Ohio St. 2d 201 [9 O.O.3d 148]; however, we did not address the plain error issue.

Absent plain error, the failure to object to improprieties in jury…