Zeltner v. State

Citations

• 22 Ohio C.C. Dec. 102

Syllabus

<p>CHARGE OF COURT — EVIDENCE—HOMICIDE.</p> <p>1. Events oe Pursuit may be Proven by State to Establish a Crime.</p> <p>On trial for homicide the state may prove what took place in the pursuit and capture of the defendant.</p> <p>2. Error in Excluding Evidence is Cured by Its Subsequent Admission.</p> <p>The subsequent admission of evidence before erroneously excluded cures the error of excluding such evidence.</p> <p>3. Witness as to Reputation may be Asked as to Specific Instances of Trouble.</p> <p>A witness called by accused to testify as to the reputation of the accused as a quiet, peaceable citizen may be asked on cross-examination if he has not heard of instances of trouble he has had with his neighbors.</p> <p>4. Not Competent to Prove as Defense that Deceased on a Former Occasion 'Attempted to Shoot Another.</p> <p>In a trial for homicide evidence that the decedent on a former occasion attempted to shoot another person is not competent, and it is not error to exclude such evidence.</p> <p>5. Opinion of Witness Offered to Prove a Quarrel mat be Asked as to Effect of Conduct in Question.</p> <p>In trial for murder a witness offered by defendant to prove a quarrel with deceased it is not error in cross-examination to allow witness to be asked, “There was nothing occurred there in W’s (deceased’s) conduct, or language or manner, to arouse anybody, was there?”</p> <p>6. Three Degrees of Unlawful Homicide Defined.</p> <p>A charge is correct which defines the degrees of murder as follows: “If the killing was unlawful only, with or without purpose or intent to kill, not malicious and without deliberate and premeditated malice, the degree of crime is manslaughter; 'if the killing was unlawful and malicious and with a purpose and intent to kill, but without deliberate and premeditated malice, the degree of crime is murder in the second degree; if all of these elements were present, if the killing was unlawful and malicious with deliberate and premeditated malice and