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· 3/28/1911

State v. Sappienza

Citations

  • 84 Ohio St. (N.S.) 63

Syllabus

<p>Trial for robbery — Proven defendant was present during act of crime —Defendant interposes plea of duress — Burden of proof rests with defendant — Law of evidence.</p> <p>Where, in the trial of an indictment for robbery, it is proved beyond a reasonable doubt, that the defendant was present at the time and place of the crime and participated in the acts which constituted the robbery, and the defe'ndant, for his defense, interposes a plea of duress, the burden is not on the state to disprove such plea, but is on the defendant to maintain his plea by a preponderance of the evidence.</p>

Judges: Davis, Donahue, Johnson, Price, Shaucic, Spear

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