State v. Diephaus
Ohio Court of Appeals
55 Ohio App. 3d 90 (1989)
- Written by Sharon Feldman, JD
Facts
Donald Diephaus (defendant) purchased several cartons of cigarettes. One of the cartons Diephaus purchased had been shoplifted from a grocery store and recovered by a store security guard. The security guard took the shoplifter and the cigarette carton to the police. The shoplifter agreed to work as an informant and sell cigarettes as part of a sting operation to individuals suspected of black-market dealings in stolen goods. The shoplifted carton remained under the control of the police for four hours before being delivered to Diephaus. Diephaus was convicted of receiving stolen property. On appeal, Diephaus argued that the evidence was insufficient to support his conviction because the shoplifted cigarette carton he received was not stolen property.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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