State v. Butler

The discussion and the determination of the issues presented herein necessarily involve reference to State v. Patterson, 172 Ohio St. 319, decided in June 1961. The facts in the instant causes and the facts in the Patterson case are practically identical and all arose in Stark County, Ohio.

In Patterson, the codefendants, Patterson and Bradley, were indicted under Section 2901.05, Revised Code, for murder in the second degree. Patterson was tried separately. The trial court refused to instruct the jury on the lesser or included offenses of manslaughter in the first degree and manslaughter in…