State v. Robbins

Donofrio, ■ J.

Appellant’s first proposition of' law states:

“The element of prior calculation and designan the. offense of aggravated murder, Ohio Revised Code Section 2903.01(A),: requires that the defendant exercise studied *78care in planning or analyzing the means or instrument with which to kill another, as well as the scheme by which it is to occur. Prior calculation and design is not established where, as here, the evidence clearly shows that the killing occurred on the spur of the moment or after momentary deliberation during a heated brawl which resulted from an instantaneous eruption of…