STATE v. PATTERSON

No. 36693.

172 Ohio St. 319 (1961)

THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. PATTERSON, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided June 14, 1961.


Attorney(s) appearing for the Case

Mr. Norman J. Putman, prosecuting attorney, and Mr. Ira G. Turpin, for appellant and cross-appellee.

Mr. Frank J. Menster and Mr. L. M. Roraback, for appellee and cross-appellant.


RADCLIFF, J.

Considering, as we do, the case of Bandy v. State, 102 Ohio St. 384, as the best pronouncement by this court on the question of lesser included offenses, we will have to make some resume of the facts in this case, as was done in the Bandy case, in order to justify the application of the rule of the Bandy case to the question herein.

The defendant and Bradley were indicted...

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