Jury Instruction on the Definition of ''Purpose''
In State v. Stallings (2000), 89 Ohio St.3d 280, 291, 2000 Ohio 164, 731 N.E.2d 159, the jury instruction on the definition of "purpose" read:
"The purpose with which a person does an act or brings about a result is determined from the manner in which it is done, the means or weapon used, and all the other facts and circumstances in evidence. If a wound is inflicted upon a person with a deadly weapon in the manner calculated to destroy life or inflict great bodily harm, the purpose to cause the death may be inferred from the use of the weapon. the inference is not conclusive and purpose is determined from the facts and circumstances in evidence." Id. at 291.
The court found the instruction valid and stated:
"The foregoing instruction accurately reflects the law and is consistent with our prior decisions. the court said 'inferred,' not 'presumed,' and the word 'may' is permissive, not mandatory. Further, the court specifically instructed that any such 'inference is not conclusive.' Defendant's general objection to the instruction lacks merit." Id. at 291-292.