STATE v. MERRIWEATHER

No. 80-260.

64 Ohio St. 2d 57 (1980)

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

Supreme Court of Ohio.

Decided December 3, 1980.


Attorney(s) appearing for the Case

Mr. Joseph R. Grunda, prosecuting attorney, and Mr. Michael J. Scherach, for appellant.

Savoy, Serazin & Deery Co., L.P.A., and Mr. Scott F. Serazin, for appellee.


WILLIAM B. BROWN, J.

The issue presented herein is whether the crime of robbery under R. C. 2911.02 is a lesser included offense of the crime of aggravated robbery under R. C. 2911.01(A)(1).

There is no dispute that the indictment only included a charge for aggravated robbery under R. C. 2911.01(A)(1).1 Thus, the trial court was correct in instructing the jury on robbery only if robbery...

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