State v. Melchior

I

Sweenet, J.

In his first proposition of law, appellant *20contends that the trial court committed prejudicial error when it instructed the jury that the appellant must prove the affirmative defense of self-defense by a preponderance of the evidence.

The Court of Appeals, although finding that the trial court had improperly placed upon the defendant a higher degree of proof than necessary to successfully raise the issue of self-defense, held that there was no prejudicial error, since there was insufficient evidence to even raise the defense. We agree.

R. C. 2901.05(A) provides:

“Every person accused…