Legal Opinion · Dissent

State v. Taylor

Ohio Court of Appeals

Decided August 21, 1957No. 5510Published

1DissentHornbeck, J.

I respectfully dissent from the majority opinion for the reason that the jury may have been and probably was confused by the general charge, Section 2945.83 (D), Revised Code. I fully recognize that the general exception of the defendant to the charge will reach only errors of commission. But, if considering the charge in its entirety, it may have confused the jury in its application of the law to the facts, the judgment should be reversed.

The majority opinion states the facts fairly and fully, which in their most favorable light to the defendant present the defense of self-defense, Graham v.…

2Cases cited5 opinions

  1. State v. SheetsOhio Supreme Court · 1926
  2. State v. CarterOhio Court of Appeals · 1944
  3. Nelson v. StateOhio Court of Appeals · 1932
  4. State v. McDanielOhio Court of Appeals · 1956
  5. State v. LaswellOhio Court of Appeals · 1946

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