STATE v. MARCUM

No. 9230.

18 Ohio App. 2d 190 (1969)

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

Court of Appeals of Ohio, Franklin County.

Decided March 11, 1969.


Attorney(s) appearing for the Case

Mr. C. Howard Johnson, prosecuting attorney, Mr. David H. Bodiker and Mr. Andrew S. Wentworth, for appellee.

Mr. Richard S. Donahey, Jr., for appellant.


DUFFY, P. J.

The defendant, appellant herein, was indicted for auto theft. The jury returned a verdict of "not guilty" to auto theft. They did find him guilty of a lesser included offense—operating a motor vehicle without the owner's consent. The trial judge sentenced the defendant to the Ohio Penitentiary for the term provided by law. From this sentence the defendant has appealed.

The defendant was indicted on one count of violating Section 4549.04...

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