STATE, EX REL. CORRIGAN, v. WHITE

No. 75-1027.

46 Ohio St. 2d 29 (1976)

THE STATE, EX REL. CORRIGAN, PROS. ATTY., v. WHITE, JUDGE.

Supreme Court of Ohio.

Decided April 21, 1976.


Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. George J. Sadd, for relator.

Mr. Floyd Oliver, for respondent.


Per Curiam.

Respondent's reason for reducing the aggravated burglary verdict to burglary, as stated in the record made for this court, is that, in his opinion, there is no clear distinction in the statutory definitions of the two crimes. Therefore, respondent says, "* * * that even though the jury found and was instructed as to aggravated burglary, the court can only sentence the defendant under the section for burglary."

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