STATE v. TOLBERT

No. 10124.

12 Ohio App. 2d 133 (1967)

THE STATE OF OHIO, APPELLEE, v. TOLBERT ET AL., APPELLANTS.

Court of Appeals of Ohio, Hamilton County.

Decided July 3, 1967.


Attorney(s) appearing for the Case

Mr. Melvin G. Rueger and Mr. Carl W. Vollman, for appellee.

Mr. Morris G. Sullivan, for appellants.


HOVER, J.

Appellants were charged with and convicted of an armed robbery of a Frisch restaurant in Cincinnati on May 9, 1966. The actual robber apparently was one Lyons, also indicted but subject to a separate trial. Defendants, Tolbert and Miles, were indicted on the theory they were either aiders or abetters or conspirators.

The facts are quite simple. The robbery occurred in the early morning hours of May 9 at the restaurant. Certain material hereinafter...

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