STATE v. BOTTA

No. 70-272.

27 Ohio St. 2d 196 (1971)

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

Supreme Court of Ohio.

Decided July 14, 1971.


Attorney(s) appearing for the Case

Mr. James V. Barbuto, prosecuting attorney, and Mr. Charles E. Lowrey, for appellant.

Mr. Marvin A. Koblentz, for appellee.


LEACH, J.

The evidence herein clearly is sufficient to support the conclusion that defendant, either as an aider, abettor or procurer (R. C. 1.17) or as a principal offender, stole the 1967 Cadillac from its owner, and thereafter, by selling it to another person by the use of a forged certificate of title caused it to be received and concealed. The single issue presented herein is whether the trial court erred to the prejudice of the defendant when it failed to instruct...

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