STATE v. GATES

No. 81AP-620.

2 Ohio App. 3d 485 (1981)

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

Court of Appeals of Ohio, Franklin County.

Decided December 1, 1981.


Attorney(s) appearing for the Case

Mr. Michael Miller, prosecuting attorney, and Ms. Karen L. Martin, for appellee.

George C. Luther Co., L.P.A., and Mr. George C. Luther, for appellant.


NORRIS, J.

Defendant appeals from his conviction for robbery following a trial by jury in the Court of Common Pleas of Franklin County. The issues raised by this appeal are whether attempted theft by threat may be a lesser included offense of robbery, and if so, whether, under the circumstances of this case, the trial court was required to instruct the jury on attempted theft by threat.

The robbery charge arose out of an incident in a convenience food store...

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