State v. Kidder

I

The main issue presented in this appeal is whether our per curiam decision in State v. Rohdes (1986), 23 Ohio St. 3d 225, 23 OBR 382, 492 N.E. 2d 430, in any way altered the statutory-elements test for determining lesser included offenses first announced in State v. Kuchmak (1953), 159 Ohio St. 363, 50 O.O. 327, 112 N.E. 2d 371. Although Rohdes did tend to cloüd the picture of this area of the law, we answer such query in the negative, for reasons which follow.

R.C. 2945.74 provides, in pertinent part:

“* * * When the indictment or information charges an offense, including different degrees,…