State v. Jenkins

This cause came on to be heard upon an appeal from the Court of Common Pleas of Hamilton County.

Assignment of error one raises the circumscribed issue of whether the offense of negligent homicide (R.C. 2903.05) is a lesser included crime of murder (R.C. 2903.02). 1 Defendant-appellant, Bollie Jenkins, was charged with murder in violation of R.C. 2903.02. A jury found him guilty of the death of Martha Stone, as charged, and he was sentenced as appears of record. The evidence tended to prove that Martha Stone was shot in the head with a .20 gauge shotgun; the shot caused her death. The…