STATE v. WHITE

No. 70-283.

27 Ohio St. 2d 73 (1971)

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

Supreme Court of Ohio.

Decided July 7, 1971.


Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. Harvey R. Monck, for appellee.

Mr. James R. Willis and Mr. Gerald S. Gold, for appellant.


REILLY, J.

Appellant objected and now raises the issue as to whether a judge appointed to replace another, who resigned his office, is disqualified to serve, because he was not one of the original three-judge panel.

Although this court has not previously passed on this specific issue, we believe that the applicable principles are clear. Where a case has been tried before a three-judge panel and after an appeal the case is remanded to the trial court for a...

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