State v. Labus

Citations

• 102 Ohio St. (N.S.) 26

Syllabus

<p>Criminal law — Included offenses — Section 13692, General Code — Incest not inferior degree to rape.</p> <p>1. Section 13692, General Code, relating to an indictment charging an offense “including different degrees,” under which the jury are authorized to find the defendant “not guilty of the degree charged and guilty of an inferior degree thereof,” relates only to offenses of the same general character and class in the several crimes acts of Ohio, and does not relate to distinct and independent crimes of different classes of offenses. (State v. Whitten, 82 Ohio St., 174, approved and followed.)</p> <p>2. Under that doctrine the crime of incest is not included within the crime of rape as being one of an inferior degree to rape.</p>