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STATE v. McMILLION

No. 73AP-185.

35 Ohio App. 2d 234 (1973)

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

Court of Appeals of Ohio, Franklin County.

Decided July 24, 1973.

Attorney(s) appearing for the Case

Mr. George C. Smith, prosecuting attorney, and Mr. Miles C. Durfey, for appellee.

Mr. Roy F. Martin, director of The Legal Aid & Defender Society, and Mr. Richard H. Ferrell, for appellant.

STRAUSBAUGH, J.

This appeal is from a conviction in the Court of Common Pleas of Franklin County for the offense of assault with intent to rob the Borden Burger restaurant, 200 East Fifth Avenue, in Columbus, Ohio, on November 7, 1972.

The case before us is unusual in that it is said to be the first criminal trial to be appealed entirely upon a videotape record.

The testimony before us is that, about noon on the day and place alleged, a man identified...

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