State v. Smith

Ohio Court of Appeals

State v. Smith

226 N.E.2d 807, 10 Ohio App. 2d 186, 39 Ohio Op. 2d 342, 1967 Ohio App. LEXIS 462

CourtOhio Court of Appeals

DecidedMay 8, 1967

Docket10171

StatusPublished

This text of 226 N.E.2d 807 (State v. Smith) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Smith, 226 N.E.2d 807, 10 Ohio App. 2d 186, 39 Ohio Op. 2d 342, 1967 Ohio App. LEXIS 462 (Ohio Ct. App. 1967).

Pincite

Opinion

Long, P. J.

An examination of the record shows that the prosecutor, in his argument to the jury, said: ‘1 This man never took the stand to tell you that.”

This is a violation of the rule of Griffin v. California, 380 U. S. 609.

Defendant made a motion to declare a mistrial, which was overruled; and, in the opinion of this court, this was error.

The judgment is, therefore, reversed, and the cause is remanded for further proceedings in accordance with this opinion.

Judgment reversed.

Hildebeant, J., concurs. Hover, J., not participating.

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