STATE v. ZIDAK

No. 870.

91 Ohio App. 464 (1951)

THE STATE OF OHIO, APPELLEE, v. ZIDAK, APPELLANT.

Court of Appeals of Ohio, Belmont County.

Decided May 16, 1951.


Attorney(s) appearing for the Case

Mr. William H. Irwin, prosecuting attorney, for appellee.

Mr. Paul V. Waddell and Mr. Austin C. Furbee, for appellant.


PHILLIPS, J.

The grand jury of Belmont county indicted defendant for unlawfully, maliciously and forcibly breaking and entering a store of the Great Atlantic & Pacific Tea Company, situated in Bellaire, Ohio, during the night season on the 8th day of April 1950 with the intent to commit larceny therein.

Upon trial the jury found defendant guilty as charged in the indictment laid under Section 12438 of the General Code.

The trial judge entered judgment...

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