State v. Losey

23 Ohio App. 3d 93 (1985)

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State v. Losey

Ohio Court of Appeals
23 Ohio App. 3d 93 (1985)

  • Written by Sharon Feldman, JD

Facts

Michael Losey (defendant) forced open the door of James Harper’s house and attempted to take a bicycle. Losey’s friend yelled that a car was approaching. Losey placed the bicycle next to the door and left, leaving the door open. Two hours later, Harper heard a noise. Harper’s mother (Mrs. Harper) got out of bed to inquire about the noise. Harper and Mrs. Harper went to the living room and saw the open door. Mrs. Harper returned to her bedroom but emerged very upset, collapsed, and died. The cause of death was coronary thrombosis. Losey was indicted for aggravated burglary and involuntary manslaughter. The deputy coroner testified that Mrs. Harper’s condition made her a prime candidate for a heart attack and that her already damaged heart made it more probable that an insult would be lethal. In response to a hypothetical question posed by the prosecution (plaintiff) describing Mrs. Harper’s significant health issues, including three prior heart attacks, and the events the night Mrs. Harper died, the deputy coroner opined that Mrs. Harper’s death was caused by acute coronary thrombosis precipitated by emotion. On appeal, Losey argued that Mrs. Harper’s death was not a proximate result of Losey’s conduct.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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