A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.
Ohio Instruction to Jury that Demand for and Refusal of Possession is Prima Facia Evidence of Conversion
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FAQ
The Ohio Jury Instructions (OJI) Committee drafts Ohio Jury Instructions for newly enacted legislation and updates existing instructions as needed and required by intervening legal opinions or events.
Answer First, click on Secondary Sources under the Content Types tab on the main Westlaw Edge page. Then, click on Jury Instructions.
(1) Members of the jury, now it is time for me to instruct you about the law you must follow in deciding this case. (2) I will start by explaining your duties and the general rules that apply in every criminal case. (3) Then I will explain the elements of the crimes that the defendant is accused of committing.
The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.
The law requires twelve (12) jurors to be seated in a criminal case and only eight (8) jurors are required in a civil case. In a criminal trial, the jury must find a defendant ?guilty? or ?not guilty? by a unanimous vote.
