The jury may find the defendant not guilty of the offense charged, but guilty of an attempt to commit it if such attempt is an offense at law. When the indictment or information charges an offense, including different degrees, or if other offenses are included within the offense charged, the jury may find the defendant not guilty of the degree charged but guilty of an inferior degree thereof or lesser included offense.
If the offense charged is murder and the accused is convicted by confession in open court, the court shall examine the witnesses, determine the degree of the crime, and pronounce sentence accordingly.
Notes of Decisions
Cited in 146
cases (36 in the last 5 years), 1954–2026 · leading case: State v. Deem, 533 N.E.2d 294 (Ohio 1988).
State v. Deem, 533 N.E.2d 294 (Ohio 1988). · cites it 6דThis case presents us with the recurring issue of whether the jury in a criminal trial should be instructed on a particular offense for which the defendant was not indicted as a lesser offense of the crime for which the defendant was indicted, pursuant to R.C. 2945.74 and Crim.…”
State v. Thomas, 533 N.E.2d 286 (Ohio 1988). · cites it 6ד01 defines “aggravated murder” as follows: “(A) No person shall purposely, *215 and with prior calculation and design, cause the death of another.”
State v. Jenkins, 473 N.E.2d 264 (Ohio 1984). · cites it 3ד31(C); R.C. 2945.74. The primary difference between involuntary manslaughter and aggravated murder is the offender’s intent.”
State v. Kidder, 513 N.E.2d 311 (Ohio 1987). · cites it 2דR.C. 2945.74 provides, in pertinent part: “* * * When the indictment or information charges an offense, including different degrees, or if other offenses are included within the offense charged, the jury may find the defendant not guilty of the degree charged but guilty of an…”
State v. Wine (Slip Opinion), 2014-Ohio-3948, 18 N.E.3d 1207. · cites it 2דR.C. 2945.74 — in language very similar to Crim.”
State v. Deanda, 2013-Ohio-1722, 989 N.E.2d 986. · cites it 2דThe lesser-included-offense doctrine is codified in Ohio law in R.C. 2945.74 and Crim.R. 31(C), which are substantially similar.”
State v. Lloyd, 2021-Ohio-1808. · cites it 2דThe lesser-included-offense doctrine is codified in Ohio law in R.C. 2945.74 and Crim.R. 31(C), which are substantially similar.”
State v. Kvasne, 862 N.E.2d 171 (Ohio Ct. App. 8th Dist. 2006). · cites it 5ד31(C) and R.C. 2945.74, both of which specifically permit a defendant to be convicted of a lesser included offense.”
State v. Sage, 510 N.E.2d 343 (Ohio 1987). “I The first issue presented by the state’s appeal is whether an instruction on a lesser included offense should have been given by the trial court. Under Ohio law, a defendant may be convicted of a lesser included offense “* * * if lesser offenses are included within the offense…”
State v. Maurer, 473 N.E.2d 768 (Ohio 1984). “” See, also, R.C. 2945.74. One of the primary differences between kidnapping and abduction involves the offender’s mental culpability.”
People v. Fontenot, 447 P.3d 252 (Cal. 2019). “§ 2C:1-8(d)(2) ; Ohio Rev. Code Ann. § 2945.74 ; Or. Rev. Stat.”
State v. Nolton, 249 N.E.2d 797 (Ohio 1969). · cites it 4דHowever, the statutory right (Section 2945.74, Revised Code 4 ) to have the trier of the facts consider and return a verdict of conviction upon lesser degrees of the crime or lesser included offenses, in lieu of conviction of the principal offense, is subject to the underlying…”
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