State v. Snouffer

Citations

• 20 Ohio N.P. (n.s.) 65

Syllabus

<p>Criminal Law — Various Degrees of Homicide Defined — Duty of the Court in Instructing a Jury — Ought Not to he Permitted Unguided Discretion in Determining the Degree of the Crime — Jury May Convict of a Lesser Degree Only When the Law and Evidence so Warrants'— In the Absence of Evidence Showing a Lesser Degree No Instruction Should he Given Touching Such Degree.</p> <p>1. Where a mortal wound is purposely inflicted by the use of a deadly weapon in such manner as is calculated to produce death, and death follows in a few moments,.the crime is murder, the degree thereof depending upon the state of mind of the slayer. If a deliberate and premediated purpose to kill be manifest by antecedent menaces or threats, former ill-will', secret enmity or sullen malevolence toward the deceased, or by other acts or circumstances calculated to disclose an inward fatal purpose or intention of the accused towards his victim, the homicide is murder in the first degree. If these elements are lacking and there is evidence of the use of a deadly weapon in such manner as appears to have been purposely calculated to produce death, the killing is second degree murder.</p> <p>2. Where the evidence adduced discloses antecedent menaces, threats, former ill-will, sullen malevolence towards the deceased, as well as the use of a deadly weapon in a manner purposely calculated to produce death, and death immediately follows; and if there is no evidence of a sudden quarrel, or heat of passion provoked by adequate provocation, the homicide does not constitute manslaughter.</p> <p>3. It is the function and duty of the court to properly instruct the jury concerning the essential characteristics of adequate provocation and not leave its determination to the unguided discretion of the jury. The court should define the adequacy of the cause .in restricted form, and not leave it to the uncontrolled judgment of the jury.</p> <p>4. Section 13692, General Code, authorizing the jury to find one accused of