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STATE v. NOLTON.

No. 68-331.

19 Ohio St. 2d 133 (1969)

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

Supreme Court of Ohio.

Decided July 16, 1969.

Attorney(s) appearing for the Case

Mr. C. Howard Johnson, prosecuting attorney, and Mr. Marvin S. Romanoff, for appellant.

Mr. Henry Clay Scott, for appellee.

SCHNEIDER, J.

Under our schema of criminal procedure, every accused enjoys the unqualified right to have the prosecution prove every element of the offense charged beyond a reasonable doubt. Failing this, the defendant is entitled to an acquittal. However, the statutory right (Section 2945.74, Revised Code4) to have the trier of the facts consider and return a verdict of conviction upon lesser degrees of the crime or lesser included offenses...

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