State v. Koch

Citations

• 2019 Ohio 4182

Syllabus

Appellant was convicted of two counts of felonious assault (deadly weapon and serious physical harm) based on his participation in the second of two altercations between his family members and a former employee of his cousins. The trial court did not commit plain error when it instructed the jury on defense of another by means of deadly force (along with an instruction on non-deadly force) and on complicity with respect to both counts of felonious assault. The trial court did not commit plain error when it allowed the victim and a police detective to testify about the actions of the individuals involved in the altercation as shown on surveillance videos. The trial court did not abuse its discretion in allowing evidence regarding the first altercation, in which appellant was not a participant. Judgment affirmed.