· 12/17/1907

State v. Roderick

Citations

  • 77 Ohio St. (N.S.) 301

Syllabus

<p>Accused indicted for murder — May prove character of deceased — ■ From general reputation — Evidence of particular acts — Not admissible, when — Criminal lazu — Rules of evidence.</p> <p>1. When the person accused in an indictment for murder is defending on the ground of self-defense, he may prove that the deceased was a person of violent and dangerous character and that such character of the deceased was known to him at the time of the affray.</p> <p>2. In general the mode of proving the violent and dangerous character of the deceased is by showing that such was the general reputation of the deceased in that community and at that time and that such reputation was known to the defendant; hut the defendant can not he permitted to prove, for the purpose of showing reasonable ground for apprehension of bodily injury or loss of his life, particular instances of violence or viciousness. on part of the deceased, which did not concern the defendant and at which the latter was not present and of which he has no personal knowledge.</p>

Judges: Crew, Davis, Price, Shauck, Spear, Summers

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