(DOWNLOAD) "State v. Robinson" by The Supreme Court of the State of Ohio * eBook PDF Kindle ePub Free
eBook details
- Title: State v. Robinson
- Author : The Supreme Court of the State of Ohio
- Release Date : January 02, 1955
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
PER CURIAM. Under Sections 13449-1 and 13459-6, General Code, the Court of Appeals may not modify.a verdict or finding that a defendant is guilty of second degree murder by reducing it to a verdict or finding of manslaughter, unless the verdict or finding is ""not sustained by sufficient evidence"" of second degree murder but is sustained by sufficient evidence of manslaughter. Whether there is sufficient evidence of second degree murder in the instant case is a question of Ia"". In reversing the previous judgment of the Court of Appeals, this court held that there was sufficient evidence of second degree murder and remand-ed the cause to the Court of Appeals solely to consider and pass upon the weight of the evidence. State v. Robinson, 161 Ohio St., 213, 118 N.E. (2d), 517. The Court of Appeals thereupon found that the conviction of murder in the second degree was against the manifest weight of the evidence, reversed the judgment of the trial court and ordered that defendant ""be, and he hereby is found guilty of manslaughter in the first degree.""