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STATE v. PLACE

No. 6804.

25 Ohio App. 2d 158 (1971)

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

Court of Appeals of Ohio, Lucas County.

Decided March 3, 1971.

Attorney(s) appearing for the Case

Mr. Harry Friberg, prosecuting attorney, and Mr. Melvin L. Resnick and Mr. Curtis E. Posner, for appellee.

Mr. Dale K. Anderson and Mr. Henry B. Herschel, for appellant.

POTTER, P. J.

The defendant was indicted for first degree murder. Before a panel composed of three judges, he withdrew his former plea of not guilty, and not guilty by reason of insanity, and entered a plea to homicide generally. The court, after the introduction of evidence and deliberation to determine the degree of the crime, made the following finding, to wit:

"A majority of the court finds the defendant guilty of murder in the first degree and a majority...

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