State v. Frost

The first issue before this court is whether the enactment of R. C. 2901.05(A), as interpreted in State v. Robinson, supra, evinces manifest legislative intent to impliedly repeal the provision of R. C. 1707.45. R. C. 2901.05(A), a general provision of the Revised Code, was enacted in 1974, and provided, in pertinent part, that: “The burden of going forward with the evidence of an affirmative defense is upon the accused.” (Emphasis added.)1 On the other hand, R. C. 1707.45, a special provision found within R. C. Chapter 1707, was enacted in 1953 to deal with securities regulation in Ohio.…