Aurand v. State

Citations

• 21 Ohio C.C. Dec. 314

Syllabus

<p>ASSAULT AND BATTERY — CHARGE TO JURY.</p> <p>Belief ob Reasonable Ground for Belief of Imminence of Danger to Accused ■ Essential Elements of Self-defense.</p> <p>A. charge to the jury in a prosecution for. assault and battery in which ■ self-defense is asserted, is erroneous where it instructs the jury that the burden is on the defendant to show that he was in actual danger, that the exigency demanded self-defense and that he used no more force than, was actually necessary, ignoring any question as to a reasonable belief that he was in danger and that the force used was necessary to his defense.</p> <p>[Syllabus approved by the court.]</p>