29 Ohio St. 171
Decided December 15, 1876
Ohio Supreme Court · decided 1876-12-15
Bill oe exceptions to the Court of Common Pleas of Highland county. The defendant was indicted in the Court of Common Pleas of Highland county, for an assault and battery upon one Samuel N. G-laze.
Cited by 3 later decisions — most recently February 1946
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1876-12-15
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¶1The court below erred in allowing the opinions of the witness to be given in evidence. It was for the jury to determine whether or not the defendant was in danger, from the facts and circumstances attending and •surrounding the alleged assault, and not from the opinions of eye-witnesses of the transaction.
¶2This case is distinguishable from Stewart v. The State, 19 Ohio, 302.
¶3Exceptions sustained.