Rehfeld v. State

Citations

• 102 Ohio St. (N.S.) 431

Syllabus

<p>Criminal law — Insanity of accused — Burden of proof— Jury trial of sanity — Section 13608, General Code — Second trial no't authorised, when — Right of accused to address jury — Charge to jury — First degree murder — Recommendation of mercy — Facts or evidence considered.</p> <p>1. If, in the presentation of the state’s case, evidence may have appeared tending to show insanity of the accused, the burden of overcoming such tendency does not shift to the state. The burden of proof remains with the accused and he must prove that issue by a preponderance of all the evidence adduced on the trial.</p> <p>2. Counsel for the accused may not before sentence obtain a second trial upon the issue of insanity under favor of Section 13608, General Code, especially where it is not shown that the accused had become insane since his previous trial under that section.</p> <p>3. It is not error for the trial court to refuse the request of the accused to address the court or jury made after the final submission of the case, unless it is affirmatively shown that an unfair trial resulted from such refusal.</p> <p>4. It is not error to charge the jury that they may recommend mercy “if * * * any circumstance or fact in the case,” or if a consideration of “all the evidence” leads them to believe that mercy should be extended. (Howell v. State, ante, 411, followed.)</p>