State v. Elling
Van Wert County Court of Common Pleas
1Opinion of the CourtWalters, J.
This matter came on for trial on October 21, 1983, whereupon the plaintiff presented evidence and the defendant made a motion for acquittal for the reason that the state failed to prove that the defendant was previously convicted of a theft offense which the defendant contends is an essential element of the crime.
Defendant, Mark L. Elling, was indicted for violation of R.C. 2913.02(A)(1), a theft offense, which was denominated a felony of the fourth degree by virtue of the fact that defendant had “been previously convicted of a theft offense, in Lima, Ohio Municipal Court case number 16926,…
2Cases cited7 opinions
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- Scott v. IllinoisSupreme Court of the United States · 1979
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