State v. Brown

I

The first of three issues raised by this appeal is whether the jury’s verdict was inconsistent so as to warrant setting it aside. Appellant argues that the jury’s verdict that he was insane as to two of the rape charges but sane as to the remaining charges is inconsistent and, under the circumstances of this case, the jury’s option was to find appellant either not guilty by reason of insanity or guilty as to all counts.

This court held in State v. Adams (1978), 53 Ohio St. 2d 223 [7 O.O.3d 393], at paragraph two of the syllabus that:

“The several counts of an indictment containing more than…