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STATE v. CALLIHAN

No. 810.

11 Ohio App. 2d 23 (1967)

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

Court of Appeals of Ohio, Scioto County.

Decided June 29, 1967.

Attorney(s) appearing for the Case

Mr. Everett Burton, prosecuting attorney, and Mr. Thurl R. Blume, for appellee.

Mr. Ernest G. Littleton, for appellant.

GRAY, J.

This cause is in this court on appeal on questions of law from a judgment of the Common Pleas Court of Scioto County.

Defendant was indicted for the first degree murder of June Chisholm. He was tried on that charge and convicted of second degree murder.

Defendant had been a friend of the deceased for a number of years, as had his former wife, Hazel Callihan. Hazel Callihan had married Henry Hale on June 8, 1966, and had gone to

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