STATE v. STANTON

No. 41416.

15 Ohio St. 2d 215 (1968)

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

Supreme Court of Ohio.

Decided July 17, 1968.


Attorney(s) appearing for the Case

Mr. Jack M. Kinney, city prosecutor, for appellee.

Messrs. Savage, Zito & O'Malley and Mr. Walter A. Savage, for appellant.


TAFT, C. J.

It is first contended that the trial court erred in permitting the prosecutor, over objection, to introduce evidence of defendant's refusal to take an intoximeter test and in further permitting the prosecutor to comment upon such failure in argument to the jury. For the reasons which we gave in Westerville v. Cunningham, ante 121, these claims of error are rejected.

It is contended...

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