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PINCH v. MAXWELL, WARDEN

No. 39577.

3 Ohio St. 2d 212 (1965)

PINCH v. MAXWELL, WARDEN.

Supreme Court of Ohio.

Decided September 29, 1965.

Attorney(s) appearing for the Case

Messrs. Sheldon & Warren, for petitioner.

Mr. William B. Saxbe, attorney general, and Mr. William C. Baird, for respondent.

Per Curiam.

Petitioner contends that his conviction is invalid because both the prosecuting attorney and the court commented on his failure to take the witness stand and testify. In Griffin v. California, 85 S.Ct. 1229, decided April 28, 1965, the court stated:

"We said in Malloy v. Hogan [378 U.S. 1, 11] * * * that `the same standards must determine whether an accused's silence in either a...

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