State v. Hill

31 Ohio App. 3d 65 (1987)

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State v. Hill

Ohio Court of Appeals
31 Ohio App. 3d 65 (1987)

  • Written by Sharon Feldman, JD

Facts

Raymond Hill (defendant) shot his mother with a high-powered rifle and reported his act to the police. Hill’s mother’s body was found sitting in a chair with the right jaw, shoulder, and upper chest destroyed. Hill’s rifle was found in the living room, and there was a bullet hole in the living-room floor. Hill was indicted for murder. The state argued that Hill purposely shot his mother to acquire her house and car or stop her from harassing him and that Hill was bankrupt, had lost his house, had separated from his wife, and had been drinking before the shooting. Hill testified that his mother was undergoing chemotherapy, drank too much, and was too drunk to go for treatment. He shot into the living-room floor to scare his mother into telling him where the liquor was, reloaded the rifle, and forgot to put the safety on. Hill followed his mother into the bedroom, he continued to argue with her, and the rifle discharged accidentally when Hill stood up. Hill said he never carried a loaded gun without a safety on while hunting. The court instructed the jury on purposeful homicide and accident but refused to give involuntary-manslaughter and negligent-homicide instructions. Hill appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Black, J.)

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