State v. Thomas

This case presents, for the first time in this court, the issue of whether “involuntary manslaughter,” as defined in R.C. 2903.04, is a lesser included offense of aggravated murder with prior calculation and design, R.C. 2903.01(A). Applying the analysis set forth in State v. Kidder (1987), 32 Ohio St. 3d 279, 513 N.E. 2d 311, as modified in State v. Deem (1988), 40 Ohio St. 3d 205, 533 N.E. 2d 286, we answer such query in the affirmative. However, an instruction on such lesser included offense was not supported by the evidence adduced at trial below and was thus properly refused by the trial…