STATE v. NICELY

Nos. 87-672 and 87-701.

39 Ohio St. 3d 147 (1988)

THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. NICELY, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided October 19, 1988.


Attorney(s) appearing for the Case

Ronald L. Collins, prosecuting attorney, for appellant and cross appellee.

Gottlieb, Johnson, Beam & Joseph and Miles D. Fries, for appellee and cross-appellant.


MOYER, C.J.

In this case, we are presented with the issue of whether a conviction for murder may be supported wholly by circumstantial evidence. For the following reasons, we hold that a murder conviction may be supported by such evidence and, accordingly, reverse the judgment of the court of appeals and reinstate the trial court's judgment.

Circumstantial evidence is defined as "[t]estimony not based on actual personal knowledge or observation of the facts...

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