Legal Opinion · Dissent

State v. Miclau

Ohio Supreme Court

Decided November 20, 1957No. 35186Published

1DissentBell, J.

I concur in paragraph one of the syllabus but dissent from paragraphs two and three thereof and from the judgment.

The majority opinion herein cites a paragraph of the opinion of this court in Fisher v. State, 84 Ohio St., 360, 95 N. E., 908, in an apparent attempt to bolster its position that in a prosecution such as this the state must establish beyond a reasonable doubt some delinquency which the defendant either “aided, abetted, induced, caused, encouraged” or to which he “contributed.”

Following the citation of such paragraph, the majority opinion states: “It was not sufficient to…

2Cases cited5 opinions

  1. State v. GriffinOhio Court of Appeals · 1952
  2. State v. ClarkOhio Court of Appeals · 1952
  3. State v. Van HornOhio Court of Appeals · 1940
  4. Anss v. StateOhio Court of Appeals · 1922
  5. Clements v. StateOhio Court of Appeals · 1925

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