State v. Marian

62 Ohio St. 2d 250 (1980)

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State v. Marian

Ohio Supreme Court
62 Ohio St. 2d 250 (1980)

  • Written by Sharon Feldman, JD

Facts

Joseph Marian (defendant) and John Protain planned to murder Marian’s wife. Marian gave Protain a gun and $500. Protain decided not to murder Marian’s wife, pretended to participate, and notified the authorities. Marian was charged with conspiracy to commit aggravated murder. The court dismissed the indictment, reasoning that conspiracy requires that at least two people plan an unlawful objective and one person commit a substantial overt act toward completing the objective. Because Protain did not intend to participate, Marian could not be convicted. The court of appeals reversed, holding that conspiracy can be committed if one person believes he is agreeing with another person to achieve an unlawful objective even if the other person does not intend to achieve the objective. The state supreme court granted review.

Rule of Law

Issue

Holding and Reasoning (Celebrezze, C.J.)

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