Summary
In Howell, the question as to such charge of the court and comment of counsel was consistently raised from the time when such charge and comment were made. However, in the instant case, no question with respect to any such charge or comment was ever raised until after defendant's petition for certiorari had been denied by the Supreme Court of the United States.
Summary of this case from State v. O'ConnorOpinion
No. 789.
Decided May 17, 1965.
Certiorari granted, judgment vacated and case remanded.
Reported below: 177 Ohio St. 19, 201 N.E.2d 529.
Bernard A. Berkman for petitioner.
Thomas H. Sutherland for respondent.
The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Ohio for further consideration in light of Griffin v. California, 380 U.S. 609.
THE CHIEF JUSTICE took no part in the consideration or decision of this case.