STATE v. CUPP

No. 282.

36 Ohio App. 2d 224 (1973)

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

Court of Appeals of Ohio, Clinton County.

Decided September 4, 1973.


Attorney(s) appearing for the Case

Mr. Daniel W. Drake, prosecuting attorney, for appellee.

Messrs. Brownfield, Kosydar, Bowen, Bally & Sturtz, for appellant.


VICTOR, J.

The defendant (appellant), Francis S. Cupp, was convicted and duly sentenced for operating a motor vehicle while under the influence of alcohol (R. C. 4511.19).

He asserts that his conviction was erroneous, in that:

1. The prosecutor was permitted to inquire of the defendant, in the jury's presence, whether he had previously been convicted of driving while intoxicated when, in fact, he had never been so convicted.

2. The prosecutor...

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