STATE v. WHARF

No. 98-1925.

86 Ohio St.3d 375 (1999)

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

Supreme Court of Ohio.

Decided September 8, 1999.


Attorney(s) appearing for the Case

Tim Oliver, Warren County Prosecuting Attorney, and Andrew L. Sievers, Assistant Prosecuting Attorney, for appellee.

Allen & Crossley, L.P.A., and Paige A. Crossley, for appellant.


DOUGLAS, J.

The question certified by the court of appeals is "whether R.C. 2901.21(B) requires the particular robbery element, codified in R.C. 2911.02(A)(1), `[h]ave a deadly weapon on or about the offender's person or under the offender's control,' to be committed with the mens rea of recklessness." In other words, the issue presented for our determination is whether robbery, as defined by R.C. 2911.02(A)(1), requires that, in order to prove the deadly...

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