STATE v. KILBY

No. 76-855.

50 Ohio St. 2d 21 (1977)

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

Supreme Court of Ohio.

Decided April 20, 1977.


Attorney(s) appearing for the Case

Mr. Lee C. Falke, prosecuting attorney, and Mr. Gary W. Crim, for appellant.

Mr. John W. Kessler and Mr. Steven M. Cox, for appellee.


PAUL W. BROWN, J.

Two issues are presented in this appeal: (1) Whether the evidence established at trial was sufficient to support a charge of aggravated burglary; and (2) whether appellee was entitled to a jury instruction on the lesser-included offense of burglary.

I.

In modifying appellee's conviction from aggravated burglary to burglary, the Court of Appeals concluded that the state did not present sufficient evidence to warrant a jury finding...

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