GROVE v. MAXWELL

No. 37345.

173 Ohio St. 559 (1962)

GROVE v. MAXWELL, WARDEN.

Supreme Court of Ohio.

Decided July 11, 1962.


Attorney(s) appearing for the Case

Mr. Robert L. Grove, in propria persona.

Mr. Mark McElroy, attorney general, and Mr. John J. Connors, Jr., for respondent.


Per Curiam.

Petitioner's single contention is that since the burglary and larceny arose from the same transaction the larceny was a part of the burglary, and that when he was acquitted of the burglary he could not be convicted of the larceny.

The elements of burglary and larceny are different. Burglary requires a breaking and entering in the night season with intent to steal property of any value or commit a felony. Section 2907.10, Revised Code.

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