State v. Meyer

Defendant contends that the trial judge erred in what he said in his charge and in his answer to the question of the jury with respect to the effect of a recommendation of mercy in a verdict of guilty of first degree murder.

The last sentence of Section 2945.11, Revised Code, reads:

“The court must state to the jury that in determining the question of guilt, it must not consider the punishment but that punishment rests with the judge except in cases of murder in the first degree or burglary of an inhabited dwelling. ’ ’

Section 2901.01, Revised Code, reads in part :

“No person shall purposely,…