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57 Ohio App. 3d 99

566 N.E.2d 1261

State v. Dapice

Ohio Court of Appeals

Decided January 4, 1989

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Ohio Court of Appeals · decided 1989-01-04

Good law ✅— No negative treatment on recordhow we know

Decided 1989-01-04

How this case has been cited

Cited by 22 later decisions — most recently June 2019

20 state decisions

901989199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Baird, J.,

¶1 dissenting in part and concurring in part. A person who accomplishes murder through the use of a hired killer can be guilty of murder. I see no reason why a person who attempts to do that cannot be guilty of attempted murder. Here the defendant completed the hiring, but the person he hired did not complete the act. But for the person who was hired not following through on what he was hired to do, *108 the murder would have been completed.

¶2 The act or acts constituting the completion of the hiring are, in my opinion, sufficient to constitute attempted murder. Accordingly, I would affirm the judgment in its entirety.

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