Ohio Court of Appeals March 19, 1984, 47172 (State v. Swanson)

lead-opinion

Day, C.J.

Defendant-appellant, Bennie L. Swanson (defendant), appeals his criminal conviction, following a jury trial, for aggravated burglary (R.C. 2911.11) and petty theft (R.C. 2913.02).

For reasons adduced below, the judgment is reversed.

I

At approximately 11 p.m. on February 6,1982, the third floor apartment of Arthur Scarver was burglarized.