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 CourtListenerCited by
62 cases in this archive cite this case; the 20 most cited are listed.
- Beck v. AlabamaSupreme Court· 1980-06-20· cited 2,209×
- State v. KidderOhio Supreme Court· 1987-09-02· cited 397×
- State v. WilsonOhio Supreme Court· 1979-04-25· cited 137×
- State v. DavisOhio Supreme Court· 1983-07-27· cited 94×
- State v. Wine (Slip Opinion)Ohio Supreme Court· 2014-09-25· cited 90×
- State v. JohnsonOhio Supreme Court· 1988-05-11· cited 80×
- State v. FowlerOhio Supreme Court· 1983-03-09· cited 54×
- Preston Glenn v. William Dallman, SuperintendentSixth Circuit· 1982-08-23· cited 39×
- State v. RohdesOhio Supreme Court· 1986-05-07· cited 39×
- State v. PetitOhio Court of Appeals· 2017-02-21· cited 30×
- Richard Brewer v. R. Overberg, Superintendent, London Correctional Institution, RespondentSixth Circuit· 1980-06-30· cited 29×
- Tracy Greer v. United StatesSixth Circuit· 2019-09-12· cited 27×
- State v. GrubeOhio Court of Appeals· 2013-02-07· cited 26×
- Preston Glenn v. William Dallman, Supt.Sixth Circuit· 1980-11-06· cited 23×
- State v. HudsonOhio Court of Appeals· 2018-02-02· cited 20×
- State v. JacksonOhio Court of Appeals· 2010-04-23· cited 16×
- Clayton Waagner v. United StatesSeventh Circuit· 2020-08-20· cited 15×
- State v. BenningtonOhio Court of Appeals· 2019-10-22· cited 13×
- State v. KelleyOhio Court of Appeals· 2012-03-16· cited 12×
- State v. ColeOhio Court of Appeals· 2016-05-12· cited 12×
Cites
2 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
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