State v. Turner

Citations

• 2019 Ohio 144

Syllabus

Where Defendant charged with purposeful murder testified that he did not realize his handgun was loaded, he did not pull the trigger, and the gun \just went off\ during a struggle with someone who grabbed the weapon from inside a vehicle that was pulling away, the trial court erred by refusing to instruct the jury on the lesser included offense of reckless homicide. Judgment reversed on that conviction, affirmed as to all other convictions, and remanded for further proceedings. (Hall, J., concurring in part and dissenting in part.)