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STATE v. VAN GUNDY

No. 91-336.

64 Ohio St.3d 230 (1992)

THE STATE OF OHIO, APPELLEE, v. VAN GUNDY, APPELLANT.

Supreme Court of Ohio.

Decided July 22, 1992.

Attorney(s) appearing for the Case

Michael Miller, Prosecuting Attorney, Alan C. Travis, Joyce S. Anderson and Bonnie L. Maxton, for appellee.

Wonnell, Janes & Wonnell Co., L.P.A., and Harold E. Wonnell, for appellant.

Neil W. Rosenberg, urging reversal for amicus curiae, Ohio Association of Criminal Defense Lawyers.

ABOOD, J.

Amicus curiae initially contends that the definition of "reasonable doubt" set forth in R.C. 2901.05 unconstitutionally dilutes the requirement that the state prove guilt beyond a reasonable doubt. In State v. Nabozny (1978), 54 Ohio St.2d 195, 8 O.O.3d 181, 375 N.E.2d 784, at paragraph two of the syllabus, this court held:

"The definition of `reasonable doubt' set forth in R.C. 2901.05 correctly...

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