State v. Wimpey

Citations

• 2019 Ohio 4823

Syllabus

Felonious assault aggravated assault provocation jury instruction. – It was plain error for the trial court not to give a jury instruction on aggravated assault as an inferior degree offense of felonious assault where the trial court found sufficient evidence of provocation to give an instruction on the lesser included offense of voluntary manslaughter regarding the murder charge against the defendant. Because the murder and felonious assault charges arose out of the same conduct, the finding of provocation related to both counts, and the trial court should have instructed the jury on aggravated assault.