Legal Opinion

State v. Rogers

Ohio Supreme Court

Decided July 2, 1975No. 74-762PublishedCited by 21 opinions

1Opinion of the CourtWilliam B. Brown, J.

The case for the defense portrays the evidence as a father’s reactions to a vicious assault on his young son in the presence of his young daughter ; a subsequent assault upon the son in his presence; resistance and escape by the arrestee during a citizen arrest and a shouted warning that the arrestee had a gun, all resulting in a homicide which was both excusable and justifiable because it was perpetrated in self-defense, while exercising the privilege of making a citizen arrest.

I

Inasmuch as self-defense is an affirmative defense, which must be established by a preponderance of the evidence…

2Cases cited3 opinions

  1. State v. DehassOhio Supreme Court · 1967
  2. State v. ChampionOhio Supreme Court · 1924
  3. State v. SeliskarOhio Supreme Court · 1973

3Cited by21 opinions

  1. Engle v. IsaacSupreme Court of the United States · 1982
  2. State v. GusterOhio Supreme Court · 1981
  3. State v. DoranOhio Supreme Court · 1983
  4. State v. PetwayOhio Court of Appeals · 2020
  5. Lincoln Isaac v. Ted Engle, SuperintendentCourt of Appeals for the Sixth Circuit · 1980

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