STATE v. BRADLEY

No. 39001.

3 Ohio St. 2d 38 (1965)

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

Supreme Court of Ohio.

Decided June 30, 1965.


Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, Mr. John T. Patton and Mr. Leo Spellacy, for appellee.

Messrs. Starkoff, Yelsky & Eisin, Mr. Leonard Yelsky and Mr. Charles V. Carr, for appellant.


SCHNEIDER, J.

The principle governing our disposition of this appeal is that the trial judge had the occasion, which is given neither to us nor to the Court of Appeals, to gauge the totality of the impact upon the jury of the spectator's demonstration. Was the jury disturbed, alarmed, shocked, or deeply moved? Was the incident of such a nature as to have necessarily influenced the verdict of conviction? These questions...

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