STATE v. SAGE

No. 86-1047.

31 Ohio St. 3d 173 (1987)

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

Supreme Court of Ohio.

Decided July 8, 1987.


Attorney(s) appearing for the Case

Michael Miller, prosecuting attorney, Karen L. Martin and Alan Travis, for appellant and cross-appellee.

James Kura, county public defender, and Barbara J. Slutsky, for appellee and cross-appellant.


ALICE ROBIE RESNICK, J.

Several issues are presented for review by the appeal and cross-appeal, each of which will be addressed in turn. For the reasons set forth below, we reverse in part and affirm in part the judgment of the court of appeals and reinstate the judgment of the trial court.

I

The first issue presented by the state's appeal is whether an instruction on a lesser included offense should have been given by the trial court. Under Ohio...

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