STATE v. BUTLER

No. 1-74-93.

44 Ohio App. 2d 177 (1974)

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

Court of Appeals of Ohio, Allen County.

Decided December 30, 1974.


Attorney(s) appearing for the Case

Mr. Lawrence S. Huffman, prosecuting attorney, and Mr. Gary R. Herman, for appellee.

Messrs. Siferd & Eaton, for appellant.


GUERNSEY, P. J.

Defendant was indicted for the crime of felonious assault as defined in R. C. 2903.11. On May 30, 1974, he appeared in open court and stated through counsel, "the defendant has decided that he would like to change his plea if the State would consider a lesser included offense here." The court responded that he was "assuming you are talking about 2903.12, aggravated assault," and was assured by defense counsel that that assumption was correct. The court...

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