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State v. Fugate

Court of Appeals of Ohio
303 N.E.2d 313 (1973)


Herbert Fugate (defendant), a 19-year-old man, entered a commercial parking garage with a loaded shotgun. Fugate intended to rob the owner of the parking garage, Sylvester Leingang, who was 66 years old. Fugate struck Leingang two times with the barrel of the shotgun, causing severe head wounds. Fugate then ordered Leingang into the basement of the garage, where Fugate shot and killed him. Fugate was convicted of armed robbery and first-degree murder in state trial court. Fugate appealed, arguing that there was insufficient evidence to show that he intended to kill Leingang.

Rule of Law


Holding and Reasoning (Kerns, J.)

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