State v. Cocco

Decision Date06 October 1943
Docket Number29651.
Citation142 Ohio St. 276,51 N.E.2d 723
PartiesSTATE of Ohio, Appellant, v. COCCO, Appellee.
CourtOhio Supreme Court

Appeal from Court of Appeals, Stark County.

Deane McLaughlin, Pros. Atty., of Canton, and D. Bruce Mansfield, of Berkeley, Cal., for appellant.

Oscar M. Abt and James M. Aungst, both of Canton, for appellee.

PER CURIAM.

It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

Appeal dismissed.

WEYGANDT, C. J., and MATTHIAS, HART, ZIMMERMAN, and BELL, JJ., concur.

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2 cases
  • Perry Sims v. State Of Md..
    • United States
    • Court of Special Appeals of Maryland
    • September 3, 2010
    ...allowed the prosecution to introduce an alibi notice “when there had been no evidence of an alibi ....”), appeal dismissed, 142 Ohio St. 276, 51 N.E.2d 723 (1943); State ex rel. Simos v. Burke, 41 Wis.2d 129, 163 N.W.2d 177, 180 (1968) (“The defendant ... retains full freedom of choice to g......
  • State v. Chapman
    • United States
    • Ohio Court of Appeals
    • December 31, 1959
    ... ... 298, 135 N.E. 647, 27 A.L.R. 351, where the court permitted the introduction of assaults upon other persons 'at or near the time charged in the indictment.' See also the cases of Whiteman v. State of Ohio, 119 Ohio St. 285, 164 N.E. 51, 63 A.L.R. 595, and State of Ohio v. Cocco, 73 Ohio App. 182, 55 N.E.2d 430 (motion to certify ... overruled, 142 Ohio St. 276, 51 N.E.2d 723) ...         The admission of the testimony of the other daughter, if erroneous, is certainly prejudicial and for that reason the judgment is reversed and the cause remanded for further ... ...

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