State v. Rhoads

Ry the Court. The court below erred in allowing the opinions of the witness to be given in evidence. It was for the jury to determine whether or not the defendant was in danger, from the facts and circumstances attending and •surrounding the alleged assault, and not from the opinions of eye-witnesses of the transaction. This case is distinguishable from Stewart v. The State, 19 Ohio, 302. Exceptions sustained.