STATE v. CHILDS

Nos. 98-2227 and 98-2462.

88 Ohio St.3d 194 (2000)

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

Supreme Court of Ohio.

Decided March 15, 2000.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and R. Lynn Nothstine, Assistant Prosecuting Attorney, for appellant.

Gary W. Crim, for appellee.


Submitted October 13, 1999 at the Pickaway County Session.

MOYER, C.J.

The issue presented in this appeal is whether an indictment for conspiracy pursuant to R.C. 2923.01, which fails to allege at least one specific, substantial, overt act in furtherance of the conspiracy, is fatally defective for such failure. For the reasons stated in this opinion, we answer that question in the affirmative.

Childs was convicted of conspiracy to commit...

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