DocketNumber: No. CA85-03-006
Citation Numbers: 499 N.E.2d 1285, 27 Ohio App. 3d 171
Judges: <italic>Per Curiam.</italic>
Filed Date: 11/18/1985
Status: Precedential
Modified Date: 1/13/2023
This cause came on to be heard upon an appeal from the Court of Common Pleas of Warren County.
Defendant-appellee, Sammie Rocky Robbins, was indicted for the commission of several crimes, one of which was complicity to felonious assault. Robbins filed a motion to dismiss the complicity to felonious assault charge upon the basis that the principal offender had been found guilty by a jury only of assault. The trial court reduced the charge in the indictment to complicity to assault. The state brings a timely appeal to this court.
The state's sole assignment of error is as follows:
"The trial court erred to the prejudice of the plaintiff-appellee [sic] in *Page 172 reducing the charge of complicity to felonious assault to complicity to assault."
The state argues that "complicity is a substantive offense which is independent of the offense with which the principle [sic] offender is charged and, therefore, a complicitor may be tried and convicted without regard to this disposition of the charge against the principle [sic] offender."
The Ohio Supreme Court in Goins v. State (1889),
The aider and abettor statute in Goins, R.S. 6804,1 and the case law decided thereunder, are substantially similar to the present-day aider and abettor statute, R.C.
We conclude that the holding and rationale in Goins are applicable to the case at bar and binding upon us. Therefore, the trial court erred in reducing the complicity to felonious assault charge to complicity to assault.
Appellee relies upon State v. Cartellone (1981),
Accordingly, appellant's sole assignment of error is sustained.
The assignments of error properly before this court having been ruled upon as heretofore set forth, it is the order of this court that the judgment or final order herein appealed from be, and the same hereby is, reversed and this cause is remanded for further proceedings according to law and not inconsistent with this decision.
Judgment reversed and cause remanded.
KOEHLER, P.J., JONES and CASTLE, JJ., concur.
CASTLE, J., retired, of the Twelfth Appellate District, was assigned to active duty pursuant to Section 6(C), Article IV, Constitution.