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State v. Viola

Supreme Court of Ohio
Nov 19, 1947
148 Ohio St. 712 (Ohio 1947)

Summary

In State v. Viola (1947), 51 Ohio Law Abs. 577, the court concluded that a charge on alibi need not be given in the absence of any evidence on alibi.

Summary of this case from State v. Bridgeman

Opinion

No. 31216

Decided November 19, 1947.

Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — First degree murder — Evidence — Letter of Director of Federal Bureau of Investigation — Stating fingerprints at scene of offense identical to fingerprints of accused — Admission of letter in evidence with claimed agreement of accused's counsel — Cross-examination by accused's counsel relative to such letter — Right to confront witnesses — Section 10, Article I, Constitution — Article VI, Amendments, U.S. Constitution — Instruction by court to jury at its request during deliberation — Given with consent of accused's counsel although accused not present — Instruction later repeated to jury in presence of accused — Right to defend in person — Section 10, Article I, Constitution.

APPEAL from the Court of Appeals for Trumbull county.

Mr. Paul J. Reagen, prosecuting attorney, and Mr. William M. McLain, for appellee.

Messrs. Margiotti Casey and Messrs. Pierson Pierson, for appellant.


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., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.


Summaries of

State v. Viola

Supreme Court of Ohio
Nov 19, 1947
148 Ohio St. 712 (Ohio 1947)

In State v. Viola (1947), 51 Ohio Law Abs. 577, the court concluded that a charge on alibi need not be given in the absence of any evidence on alibi.

Summary of this case from State v. Bridgeman

In Viola, supra, and Goode, supra, the court pointed out that defense counsel did not request that alibi instructions be given.

Summary of this case from State v. Bridgeman
Case details for

State v. Viola

Case Details

Full title:THE STATE OF OHIO, APPELLEE v. VIOLA, APPELLANT

Court:Supreme Court of Ohio

Date published: Nov 19, 1947

Citations

148 Ohio St. 712 (Ohio 1947)
76 N.E.2d 715

Citing Cases

State v. Bridgeman

In State v. Viola (1947), 51 Ohio Law Abs. 577, the court concluded that a charge on alibi need not be given…

Wood v. Gutierrez

State v. Bayer (1995), 102 Ohio App.3d 172, 182, 656 N.E.2d 1314. The jury may believe or disbelieve any…