Legal Opinion

State v. Elling

Van Wert County Court of Common Pleas

Decided November 3, 1983No. CR83-9-62PublishedCited by 8 opinions

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

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Argersinger v. HamlinSupreme Court of the United States · 1972
  4. Burgett v. TexasSupreme Court of the United States · 1967
  5. Scott v. IllinoisSupreme Court of the United States · 1979

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Parke v. RaleySupreme Court of the United States · 1993
  2. State v. TriptowUtah Supreme Court · 1989
  3. State v. CulbersonOhio Court of Appeals · 2001
  4. Ryan Hung-Ping Wang v. William Withworth Lincoln Stokes Anthony J. Celebrezze, RespondentsCourt of Appeals for the Sixth Circuit · 1987
  5. State v. DanielsOhio Court of Appeals · 1988

3 more not listed; retrieve them via the Exa API.

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