State v. Rhoads
Ohio Supreme Court
Bill oe exceptions to the Court of Common Pleas of Highland county. The defendant was indicted in the Court of Common Pleas of Highland county, for an assault and battery upon one Samuel N. G-laze.
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Bill oe exceptions to the Court of Common Pleas of Highland county. The defendant was indicted in the Court of Common Pleas of Highland county, for an assault and battery upon one Samuel N. G-laze. On the trial, the state offered testimony tending to prove the averments in the indictment,, and the defendant, having offered testimony tending to prove that the supposed assault and battery had been committed in self-defense, inquired of a witness called by the-defense, as follows: “ At the time you say you saw Samuel N. Glaze rush, toward your brother (the defendant) with closed fist, in your…
1Opinion of the Court
Ry the Court.
The court below erred in allowing the opinions of the witness to be given in evidence. It was for the jury to determine whether or not the defendant was in danger, from the facts and circumstances attending and •surrounding the alleged assault, and not from the opinions of eye-witnesses of the transaction.
This case is distinguishable from Stewart v. The State, 19 Ohio, 302.
Exceptions sustained.
2Cited by4 opinions
- Commonwealth v. JonesMassachusetts Supreme Judicial Court · 1946
- State v. CrittendenSupreme Court of Louisiana · 1886
- Majors v. StateMississippi Supreme Court · 1903
- Railroad Co. v. SchultzOhio Supreme Court · 1885