EXISTENCE OF A SUICIDE PACT AS A COMPLETE DEFENSE TO A SURVIVOR'S CRIMINAL LIABILITY: STATE V. SAGE

SAGE FACTS AND HOLDING This case came before the Ohio Supreme Court following two appellate court reversals of Roy H. Sage's aggravated murder convictions.5 In the second appeal, the Franklin County Court of Appeals held, inter alia, that the trial court committed reversible error when it refused to charge the jury on the lesser included offense of involuntary manslaughter, and instead charged only on the offense of aggravated murder.6 The Ohio Supreme Court reversed this holding, explaining that the existence of a suicide pact acted as a complete defense to any crime of homicide under Ohio law.7 Hence, if the jury believed the defendant's suicide defense, he would not be found guilty of either aggravated murder or involuntary manslaughter.