Common law larceny? Ohio has a fucking larceny statute. Why are you trotting out this common law larceny tripe?
Because a person can be guilty of both the codified larceny statute and the common law offense of larceny. The codification in Ohio of common law larceny includes all the elements of common law larceny.
In a common law society, like the United States, you can be prosecuted under both the codified criminal code of a state, as well as the common law crimes that the entire United States recognizes. That is how common law
works.
Well let's just charge everybody in every store everywhere who walks around the store with any of that store's merchandise with "common law larceny." This is absolutely ridiculous.
Again, its only larceny if you exceed the scope of consent the store has granted you. The store allows you to place items in the shopping cart and go buy it. In limited circumstances, a store employee may allow you to sample merchandise. The store does not allow you to go in and putz around with all their merchandise however you see fit.
Here's Ohio's statute for "regular" assault
Super, time to explain the difference between assault and battery, and how the codified assault statute does not preclude prosecution for the underlying common law assault. Common law assault is the intentional causal of apprehension on the part of another person of a harmful or offensive contact. The pointing of a gun at a person can cause a person to believe they will imminently be shot or touched with the butt of the gun. Therefore, it satisfies the common law assault. As codified, this statute is talking about
battery, which is the harmful touching of another person. Many states, like Ohio, like to lump assault and battery into the same crime. However, you can still be charged for the underlying common law assault crime. Why? Because we are NOT a civic law society (with the exception of Louisiana and New Jersey). You can be charged with common law offenses as well.
Incitement to violence applies when the defendant is urging another party to engage in some sort of violent act. Who did he incite to violence? The police who shot him?
It could indeed have been the police, or the people he was allegedly assaulting. When you assault someone, you beg self-defense violence. Therefore, whenever you assault, this is a lesser included offense.