State v. Lewis

Grey, Judge.

This is an appeal from a jury verdict of the Ross County Court of Common Pleas finding Benjamin Lewis guilty of aggravated burglary in violation of R.C. 2911.11. We reverse.

On April 13, 1990, Lewis drove to the home of Lee Lake to purchase eggs. Not finding anyone on the side porch where the eggs were sold, Lewis entered Lake’s home through an unlocked door. Once inside the Lake home, Lewis saw Lake’s checkbook, picked it up, and put it in his pocket. Sometime later, Lewis’ parents found Lake’s checkbook and turned it in to the sheriff’s department.

Weeks later Lewis was arrested…