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Ohio Supreme Court· 4/25/1979

State v. Wilson

Citations

  • 58 Ohio St. 2d 52
  • 388 N.E.2d 745
  • 12 Ohio Op. 3d 51
  • 1979 Ohio LEXIS 389

How courts have described this case

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

  • determining that the aggravated burglary statute does not deny equal protection, as it requires the State to prove the elements of burglary along with an additional element
  • A structure must be occupied as a permanent or temporary habitation, as aggravated burglary is designed to protect homes, not businesses
  • “A structure can be one that was occupied as a perma- nent or temporary habitation without being one … where at the time anyone is present or likely to be present. The con- verse is also true.”
  • “A structure can be one that was occupied as a perma- nent or temporary habitation without being one … where at the time anyone is present or likely to be present. The con- verse is also true.”
  • “A structure can be one that was occupied as a perma- nent or temporary habitation without being one … where at the time anyone is present or likely to be present. The con- verse is also true.”
  • “In proving burglary the state need only prove that the structure was a permanent or temporary habitation, or a structure in which any person is present or is likely to be present. It need not prove both. In aggravated burglary, under R.C. 2911.11(A)(3

Source: CourtListener parenthetical corpus (CC0).

Judges: Brown, Celebrezze, Hebbert, Holmes, Lochee, Sweeney

Read full opinion on CourtListener

Cited by

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

Cites

13 cases in this archive are cited by this case.

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