STATE v. PAYNE

No. 5619.

104 Ohio App. 405 (1957)

THE STATE OF OHIO, APPELLEE, v. PAYNE, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided August 9, 1957.


Attorney(s) appearing for the Case

Mr. Samuel L. Devine, prosecuting attorney, and Mr. Fred L. Newsom, Jr., for appellee.

Messrs. Robins, Metcalf & Fisher, for appellant.


PETREE, P. J.

The state of Ohio, plaintiff, appellee herein, filed a motion to dismiss the appeal of defendant, appellant herein, for the reason that, although a notice of appeal was filed herein on September 7, 1956, and a bill of exceptions was filed December 13, 1956, the defendant has not, to date, filed any brief or taken any other steps to prosecute his appeal.

The motion for a new trial was overruled August 10, 1956, by the trial judge in the Common...

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