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State v. Eubanks4/22/1999
In his first assignment of error, appellant contends the trial court erred by refusing to charge the jury on the inferior-degree offense of voluntary manslaughter. Appellant submits that he was entitled to an instruction on voluntary manslaughter because the evidence admitted at trial reasonably supported an acquittal on the aggravated murder charge and a conviction for voluntary manslaughter. The evidence appellant relies upon to support his argument is that, upon appellant's arrival at his home, his son informed appellant that his mother was touching and kissing Touche earlier in the day. Appellant argues that this information finally confirmed that his wife was unfaithful with the neighborhood mechanic. Appellant asserts that his wife's inquiry asking if appellant had spoken to their son humiliated him and sent appellant into a sudden rage.
A criminal defendant has the right to expect that the trial court will give complete jury instructions on all issues raised by the evidence. State v. Williford (1990), 49 Ohio St.3d 247. Jury instructions should be tailored to fit the facts of each case. Avon Lake v. Anderson (1983), 10 Ohio App.3d 297. The trial court must give an instruction on a lesser-included offense or an inferior-degree offense when the evidence adduced at trial would reasonably support both an acquittal on the crime charged and a conviction on the lesser-included offense or the inferior-degree offense. State v. Shane (1992), 63 Ohio St.3d 630. Voluntary manslaughter is an inferior-degree offense of aggravated murder and murder. State v. Rhodes (1992), 63 Ohio St.3d 613, 617. An inferior-degree offense is one in which the elements of the offense are contained within the higher-degree offense but additional mitigating elements are present in the inferior-degree offense. See State v. Cornett (1992), 82 Ohio App.3d 624, 631.
R.C. 2903.03(A) defines voluntary manslaughter as knowingly causing the death of another while under the influence of a sudden passion or in a sudden fit of rage which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force. A jury must find a defendant guilty of voluntary manslaughter rather than aggravated murder or murder if the prosecution proves, beyond a reasonable doubt, that the defendant knowingly caused the victim's death, and if the defendant establishes, by a preponderance of the evidence, the existence of a mitigating circumstance. Rhodes, supra, at 617. Therefore, the defendant has the burden of producing evidence relating to the existence of a mitigating circumstance in order for the jury to consider voluntary manslaughter as an inferior-degree offense of aggravated murder. In addition to the burden of production, the defendant also has the burden of persuasion which means the defendant must establish the existence of a mitigating circumstance. Id.
In Shane, supra,the defendant woke his fiancee and repeatedly asked her questions to try to elicit an admission of infidelity. When the victim finally admitted to being unfaithful, Shane lost control and strangled the victim. The court held that mere words, even those relating to adultery, are not sufficient provocation to incite the use of deadly force. Id. at paragraph two of the syllabus. The court explained:
Words informing another of infidelity should not be given special treatment by courts trying to determine what provocation is reasonably sufficient provocation. The killing of a spouse (usually a wife) by a spouse (usually a husband) who has just been made aware of the victim spouse's adultery simply is not an acceptable response to the confession of infidelity. Id. at 637.
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