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STATE v. LILLY

No. 98-1111.

87 Ohio St.3d 97 (1999)

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

Supreme Court of Ohio.

Decided October 20, 1999.

Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, John J. Amarante and Cheryl A. Ross, Assistant Prosecuting Attorneys, for appellant.

Altick & Corwin Co., L.P.A., and Dennis J. Adkins, for appellee.

LUNDBERG STRATTON, J.

This case presents the court with the question of whether R.C. 3103.04 precludes prosecution of one spouse for burglary committed in the residence of the other spouse. For the reasons that follow, we hold that a spouse may be criminally liable for trespass and/or burglary in the dwelling of the other spouse who is exercising custody or control over that dwelling. R.C. 3103.04 is inapplicable in...

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