STATE v. WILKINS

No. 80-419.

64 Ohio St. 2d 382 (1980)

THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. WILKINS, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided December 30, 1980.


Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. Thomas J. Wagner, for the state.

Mr. Anthony F. de la Pena, for Wilkins.


CELEBREZZE, C. J.

R. C. 2945.74 states in part:

"The jury may find the defendant not guilty of the offense charged, but guilty of an attempt to commit it if such attempt is an offense at law. When the indictment or information charges an offense, including different degrees, or if other offenses are included within the offense charged, the jury may find the defendant not guilty of the degree charged but guilty of an inferior degree thereof or lesser included...

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