STATE v. SORGEE

Nos. 76-1292 and 76-1293.

54 Ohio St. 2d 464 (1978)

THE STATE OF OHIO, APPELLEE, v. SORGEE ET AL., APPELLANTS. THE STATE OF OHIO, APPELLEE, v. FORTNEY, APPELLANT.

Supreme Court of Ohio.

Decided June 28, 1978.


Attorney(s) appearing for the Case

Mr. George C. Smith, prosecuting attorney, and Mr. Alan C. Travis, for appellee.

Mr. David H. Bodiker and Mr. Morton Q. Levin, for appellants.


CELEBREZZE, J.

Although it is not the function of this court to consider the weight of the evidence when reviewing the trial court's record in a criminal case, the record may be examined to determine whether it includes sufficient evidence which, if believed, would convince the average juror of the accused's guilt beyond a reasonable doubt. Atkins v. State (1926), 115 Ohio St. 542. It is also well settled that, where circumstantial evidence alone is...

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