Upthegrove v. State
Ohio Supreme Court
Error to the Court of Common Pleas of Paulding County. At the October term, 1881, of the court of common pleas of Paulding county, the plaintiff in error was tried upon an indictment for shooting at one Lewis Talbot with intent to kill. The state having rested its case, evidence was introduced by the accused tending to show that, at the time charged, Talbot attacked him and knocked him down with a club, and was-about to strike him again.
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Error to the Court of Common Pleas of Paulding County. At the October term, 1881, of the court of common pleas of Paulding county, the plaintiff in error was tried upon an indictment for shooting at one Lewis Talbot with intent to kill. The state having rested its case, evidence was introduced by the accused tending to show that, at the time charged, Talbot attacked him and knocked him down with a club, and was-about to strike him again. That he, the accused, fearing death or great bodily harm at the hands of his assailant, shot at him, with the sole purpose of self-defense and without…
1Opinion of the CourtLongworth, J.
As a general rule, in trials for homicide or felonious assault the character of the person assaulted or killed cannot be shown; for the reason that the law holds it to be as criminal to assault abad and violent man as a good and peaceable one. But to this rule there is an exception in cases where the plea is self-defense and there is evidence tending to show that the actual or attempted killing took place while the accused was being actually assaulted. In such case the intent being an essential element of the crime, evidence is competent to show what the accused person really believed, at the…
2Cases cited6 opinions
- Monroe v. StateSupreme Court of Georgia · 1848
- Horbach v. StateTexas Supreme Court · 1875
- State v. . MatthewsSupreme Court of North Carolina · 1878
- People v. MurrayCalifornia Supreme Court · 1858
- State v. BryantSupreme Court of Missouri · 1874
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