STATE v. ELLING

No. CR83-9-62.

11 Ohio Misc. 2d 13 (1983)

THE STATE OF OHIO v. ELLING.

Court of Common Pleas of Van Wert County.

Decided November 3, 1983.


Attorney(s) appearing for the Case

Mr. Stephen E. Keister, prosecuting attorney, for plaintiff.

Mr. Phil W. Campbell, for defendant.


WALTERS, J.

This matter came on for trial on October 21, 1983, whereupon the plaintiff presented evidence and the defendant made a motion for acquittal for the reason that the state failed to prove that the defendant was previously convicted of a theft offense which the defendant contends is an essential element of the crime.

Defendant, Mark L. Elling, was indicted for violation of R.C. 2913.02(A)(1), a theft offense, which was denominated a felony of the...

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