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STATE v. ALSUP

No. 23641.

194 Ohio App.3d 740 (2011)

2011-Ohio-3612

The STATE of Ohio, Appellee, v. ALSUP, Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided July 22, 2011.

Attorney(s) appearing for the Case

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

Michael H. Holz , for appellant.

FAIN, Judge.

{¶ 1} This appeal poses the following question: When A strikes B in the head with a rock, killing B, may A be convicted of, and sentenced for, both murder in violation of R.C. 2903.02(B) (felony murder) and felonious assault in violation of R.C. 2903.11(A)(2) (deadly weapon)? We answer this question in the negative. Accordingly, the judgment of the trial court is reversed, and this cause is remanded for further proceedings, which shall...

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