STATE v. WOZNIAK

No. 36983.

172 Ohio St. 517 (1961)

THE STATE OF OHIO, APPELLANT, v. WOZNIAK ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 20, 1961.


Attorney(s) appearing for the Case

Mr. Harry Friberg, prosecuting attorney, and Mr. Joseph J. Jan, for appellant.

Mr. Harry R. Illman and Mr. Stanley J. Grzezinski, for appellees.


TAFT, J.

So far as pertinent, Section 2907.10, Revised Code, reads:

"No person shall in the night season maliciously and forcibly break and enter, or attempt to break and enter an uninhabited dwelling house * * * or other building * * * with intent to steal property of any value, or with intent to commit a felony." (Emphasis added.)

It is apparent from a reading of this statute that an essential element of the crime sought to be charged in count...

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