State v. Botta

The evidence herein clearly is sufficient to support the conclusion that defendant, either as an aider, abettor or procurer (R. C. 1.17) or as a principal offender, stole the 1967 Cadillac from its owner, and thereafter, by selling it to another person by the use of a forged certificate of title caused it to be received and concealed. The single issue presented herein is whether the trial court erred to the prejudice of the defendant when it failed to instruct the jury that defendant could be found guilty as to only one of the two counts of the indictment, but where, after the jury had…