State v. Scales

Citations

• 2024 Ohio 2171

Syllabus

Murder attempted murder purposely self-defense jury instructions inferior offenses. Appellant's convictions for murder and attempted murder upheld where the evidence showed that he acted purposely when he shot into a crowd of people, killing one person, and severely injuring another. The jury properly rejected appellant's claim of self-defense because the evidence showed that the defendant created the situation, escalated the affray, and acted with deadly force despite his perceived threat backing away with his empty hands raised. Trial court properly denied appellant's request for a jury instruction on voluntary manslaughter and aggravated assault as inferior offenses because the instructions were inconsistent with appellant's theory that he acted in self-defense serious provocation was never alleged.