STATE v. TIMS

No. 40220.

9 Ohio St. 2d 136 (1967)

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

Supreme Court of Ohio.

Decided March 8, 1967.


Attorney(s) appearing for the Case

Mr. Melvin G. Rueger, prosecuting attorney, and Mr. Fred J. Cartolano, for appellee.

Mr. Morris G. Sullivan, for appellant.


MATTHIAS, J.

The basic question raised by this appeal is whether the report of the examination for alleged rape was properly admitted into evidence under the provisions of Section 2317.40, Revised Code (Business Records as Evidence Act).

The pertinent part of this section reads as follows:

"A record of an act, condition, or event, in so far as relevant, is competent evidence if the custodian or the person...

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