STATE v. PRUETT

No. 41163.

18 Ohio St. 2d 167 (1969)

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

Supreme Court of Ohio.

Decided June 11, 1969.


Attorney(s) appearing for the Case

Mr. Robert D. Webb, prosecuting attorney, and Mr. Walter E. Thayer, for appellee.

Messrs. Nazor & Nazor and Mr. Gordon L. Nazor, for appellant.


TAFT, C. J.

In the opinion by Mr. Justice Stewart in Witherspoon v. Illinois, supra (391 U.S. 510), it is stated that that case did not "involve the state's assertion of a right to exclude from the jury in a capital case those who say that they could never vote to impose the death penalty or that they would refuse even to consider its imposition in the case before them."

That opinion further states:

"If...

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