State v. Mullins
Ohio Court of Appeals
76 Ohio App. 3d 633 (1992)
- Written by Sharon Feldman, JD
Facts
A bullet struck and killed 10-year-old Jasper Moffitt. On the day Jasper was killed, Allen Mullins (defendant) was seen in possession of a pistol, said he was going to kill “the Detroit dudes,” saw a white Cadillac in the neighborhood, indicated that it contained the men from Detroit, and began firing at the Cadillac. Mullins was charged with aggravated murder with a gun and was convicted after trial of murder with a gun. Mullins appealed, arguing in part that the evidence supported the lesser included offense of involuntary manslaughter rather than murder.
Rule of Law
Issue
Holding and Reasoning (Tyack, J.)
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