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STATE v. NELSON

No. 73-69

36 Ohio St. 2d 79 (1973)

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

Supreme Court of Ohio.

Decided November 21, 1973.

Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, and Mr. Leonard Kirschner, for appellee.

Mr. James N. Perry, for appellant.

CELEBREZZE, J.

This case brings to the court's attention for determination the question of under what circumstances the trial court shall charge on the right of a defendant to remain silent.1 Appellant argues that the case of State v. Wade (1972), 31 Ohio App.2d 33, stands for the proposition that, upon request, the trial court must charge that it is not an evidence of guilt when...

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