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49 Ohio St. 2d 166

State v. Jones

Ohio Supreme Court

Decided February 16, 1977

Ohio Supreme Court · decided 1977-02-16

Relies on State v. Robinson

Decided 1977-02-16

Per Curiam.

¶1This court, on July 21, 1976, decided in State v. Robinson (1976), 47 Ohio St. 2d 103, that in a criminal case involving the affirmative defense of self-defense the defendant does not have the burden of establishing such defense by a preponderance of the evidence, but only has the burden of going forward with evidence of a nature and quality sufficient to raise that defense.

¶2Therefore, the judgment of the Court of Appeals is reversed, and the cause is remanded to the trial court for further proceedings consistent with this opinion.

¶3Judgment reversed.

O’Neill, C. J., Herbert, W. Brown, P. Broavn, Sweeney and Locher, JJ., concur.Celebrezze, J., dissents.
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