Legal Opinion
State v. Lilly
Ohio Supreme Court
Decided October 20, 1999No. 98-1111PublishedCited by 36 opinions
1Opinion of the CourtLundberg Stratton, J.
This case presents the court with the question of whether R.C. 3103.04 precludes prosecution of one spouse for burglary committed *100in the residence of the other spouse. For the reasons that follow, we hold that a spouse may be criminally liable for trespass and/or burglary in the dwelling of the other spouse who is exercising custody or control over that dwelling. R.C. 3103.04 is inapplicable in criminal cases.
In this case, the evidence showed that defendant entered by deception the separately leased property of his estranged spouse with intent to commit a crime. However, the court of appeals…
2Cases cited15 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- State v. JenksOhio Supreme Court · 1991
- Thompson v. ThompsonSupreme Court of the United States · 1910
- Matthews v. CommonwealthKentucky Supreme Court · 1985
- Wood v. . WoodNew York Court of Appeals · 1881
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3Cited by36 opinions
- Geoffrey M. Radvansky v. City of Olmsted FallsCourt of Appeals for the Sixth Circuit · 2005
- State v. O'NealOhio Supreme Court · 2000
- State v. HagedornSupreme Court of Iowa · 2004
- James O'Neal v. Margaret BagleyCourt of Appeals for the Sixth Circuit · 2013
- Timothy W. v. Julia M.Alaska Supreme Court · 2017
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