STATE v. VONDENBERG

No. 79-355.

61 Ohio St. 2d 285 (1980)

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

Supreme Court of Ohio.

Decided March 12, 1980.


Attorney(s) appearing for the Case

Mr. Thomas R. Spellerberg, prosecuting attorney, and Ms. Elaine J. Knutson, for appellant.

Mr. Michael P. Kelbley, for appellee.


HOLMES, J.

The specific issue presented in this cause concerns the type of proof necessary to be presented by the state to establish the presence of a "deadly weapon," an element of the crime of aggravated robbery pursuant to R. C. 2911.01.

The facts of the instant cause are that Mrs. Odessa Romig, owner of Romig's Best Mart, was, on April 21, 1978, working in the rear of the store and "heard an awful noise...

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