STATE v. KELLY

Nos. 4555 and 4565.

44 Ohio App. 2d 40 (1974)

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

Court of Appeals of Ohio, Montgomery County.

Decided November 8, 1974.


Attorney(s) appearing for the Case

Mr. Lee C. Falke, prosecuting attorney, Mr. Randal A. Anderson, Jr. and Mr. John V. Spalla, for appellee.

Messrs. Coolidge, Wall, Matusoff, Womsley & Lombard and Mr. Ronald S. Pretekin, for appellant.


TROOP, P. J.

Defendant Robert Wayne Kelly, the appellant, herein, was indicated along with two others, April 8, 1974, by the Grand Jury of Montgomery County, for "a violation of R. C. 2911.12 (A), trespass in an occupied structure, a dwelling house, on or about January 17, 1974, with purpose to commit a theft offense." The accused entered a plea of not guilty, April 22, 1974, waived his right to a trial by jury, May 28, 1974, and a trial was held by the court on that...

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