STATE v. FROST

No. 78-805.

57 Ohio St. 2d 121 (1979)

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

Supreme Court of Ohio.

Decided March 28, 1979.


Attorney(s) appearing for the Case

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

Mr. Paul D. Cassidy and Mr. R. William Meeks, for appellee..


LOCHER, J.

The first issue before this court is whether the enactment of R. C. 2901.05(A), as interpreted in State v. Robinson, supra, evinces manifest legislative intent to impliedly repeal the provision of R. C. 1707.45. R. C. 2901.05(A), a general provision of the Revised Code, was enacted in 1974, and provided, in pertinent part, that: "The burden of going forward with the evidence of an affirmative defense is upon the accused." (Emphasis...

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