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Ohio Supreme Court· 4/20/1977

State v. Kilby

Citations

  • 50 Ohio St. 2d 21
  • 361 N.E.2d 1336
  • 4 Ohio Op. 3d 80
  • 1977 Ohio LEXIS 366

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • considering whether the appellant was entitled to an instruction on the lesser-included offense of burglary instead of an instruction on aggravated burglary
  • “The Court of Appeals erred in taking the aggravating element of ‘present or likely to be present’ out of the province of the jury.”
  • when “the trier of fact could reasonably find against the state and for the accused upon one or more elements of the crime charged and for the state on the remaining elements, which by themselves would sustain a conviction on a lesser-included offense”

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown, Celebrezze, Herbert, Ill, Locher, Sweeney

Read full opinion on CourtListener

Cited by

62 cases in this archive cite this case; the 20 most cited are listed.

Cites

2 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.