STATE v. SCOTT

No. 71-730.

31 Ohio St. 2d 1 (1972)

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

Supreme Court of Ohio.

Decided July 5, 1972.


Attorney(s) appearing for the Case

Mr. Robert L. Brown, prosecuting attorney, for appellee.

Messrs. Scanlon, Berger, Garner & Kimerline, Mr. Nelfred G. Kimerline and Mr. Steven J. Erlsten, for appellant.


LEACH, J.

The principal issue involved in this case is whether the rule of evidence, referred to as "past recollection recorded," is recognized in Ohio, whether it may be employed in a criminal trial, and whether, if so employed, such rule is violative of a defendant's Sixth Amendment right of confrontation, including the opportunity of cross-examination. Although such rule of evidence has been specifically approved by the highest courts of most of our sister states...

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