State v. Clay

Decision Date20 June 1973
Citation298 N.E.2d 137,34 Ohio St.2d 250,63 O.O.2d 391
Parties, 63 O.O.2d 391 The STATE of Ohio, Appellee, v. CLAY, Appellant.
CourtOhio Supreme Court

Michael Nolan, Pros. Atty., for appellee.

Lavelle & Yanity and L. Alan Goldsber ry, Athens, for appellant.

PER CURIAM.

An examination of the record fails to disclose misconduct on the part of the prosecutor. Certainly there was no affirmative showing by appellant that he was entitled to a new trial. The jury resolved the facts of the case and determined the credibility of the witnesses before it, which was its responsibility. The judgment of the Court of Appeals is affirmed for the reasons stated in the opinion of that court (29 Ohio App.2d 206, 280 N.E.2d 385).

Judgment affirmed.

C. WILLIAM O'NEILL, C. J., and HERBERT, CORRIGAN, STERN, CELEBREEZE, WILLIAM B. BROWN and PAUL W. BROWN, JJ., concur.

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