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STATE v. STATEN

No. 70-17.

25 Ohio St. 2d 107 (1971)

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

Supreme Court of Ohio.

Decided February 17, 1971.

Attorney(s) appearing for the Case

Mr. Daniel T. Spitler, prosecuting attorney, for appellee.

Mr. John C. Halleck, for appellant.

O'NEILL, C. J.

Appellant first contends that the Common Pleas Court did not follow the mandate of this court on remand because it did not apply the proper test for insanity. However, a reading of the journal entry of the Common Pleas Court demonstrates that appellant's contention is without support. The journal entry, in pertinent part, provides:

"This matter came on to be heard on the Mandate of the Ohio Supreme...

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