State v. Cross
Ohio Supreme Court
58 Ohio St. 2d 482 (1979)
- Written by Sharon Feldman, JD
Facts
Richard Cross (defendant) was arrested for aggravated arson and detained in jail while awaiting trial. Cross escaped through a hole in a fire door made by other prisoners and fled to Mexico. Cross returned and turned himself in three weeks later. Cross was charged with escape. Cross maintained that he left the jail because there was no heat and little water, he had no lawyer, and he knew nothing about his case. Cross had complained about having a common cold but not about the heat and water conditions. Cross was permitted to make telephone calls during his incarceration. The trial court excluded evidence proffered by Cross’s lawyer as to the inhumane conditions at the jail and refused to charge the jury on the affirmative defense of necessity as a defense to escape. Cross was convicted. The court of appeals affirmed on the ground that Ohio does not recognize the affirmative defense of necessity to a charge of escape but certified the record for review by the supreme court because of a conflict with another court-of-appeals decision.
Rule of Law
Issue
Holding and Reasoning (Brown, J.)
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