STATE v. SMITH

No. 5358.

113 Ohio App. 461 (1960)

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

Court of Appeals of Ohio, Lucas County.

Decided December 27, 1960.


Attorney(s) appearing for the Case

Mr. Harry Friberg, prosecuting attorney, for appellee.

Messrs. Cubbon & Rice, for appellant.


FESS, J.

This is an appeal on questions of law from a judgment and sentence of defendant-appellant upon a verdict of the jury finding defendant guilty of sodomy. The principal error assigned is the admission of testimony pertaining to a polygraph test given defendant.

Upon direct examination of a state highway patrolman, who had interviewed the defendant after his arrest, the following transpired:

"Now Officer Blay, did you ask him at that time whether...

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