# State v. Loudermill

> Ohio Supreme Court · April 7, 1965 · 31 Ohio Law Rep. 9

URL: https://www.frixlaw.com/law-library/cases/8115971

## Case

- **Full name:** The State of Ohio v. Loudermill
- **Court:** Ohio Supreme Court
- **Decided:** April 7, 1965
- **Citations:** 31 Ohio Law Rep. 9
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Schneider
- **Judges:** Brown, Herbert, Matthias, Neill, Schneider, Taft, Zimmerman
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8115971

## Opinion text

Schneider, Judge.
Where the evidence in a criminal case would support a finding by the jury of guilt of a lesser offense included in the offense for which defendant was indicted and tried, the refusal of the trial court to charge upon that lesser included offense is error prejudicial to the rights of defendant. (Paragraph two of the syllabus of State v. Patterson, 172 OhioSt. 319, 16 O.O.(2d) 116, overruled; Freeman v. State, 119 OhioSt. 250, and State v. Muskus, 158 OhioSt. 276, 49 O.O. 122 , approved and followed.)
Judgment affirmed.
Taft, C. J., Herbert and Brown, JJ., concur.
Zimmerman, Matthias and O’Neill, JJ., dissent.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8115971. Public record. Not legal advice.