STATE v. JAROSZYK

Nos. 2171 and 2176.

39 Ohio Misc. 19 (1973)

THE STATE OF OHIO v. JAROSZYK.

Common Pleas Court of Carroll County.

Decided February 22, 1973.


Attorney(s) appearing for the Case

Mr. Rudolph Battista, prosecuting attorney, for plaintiff.

Messrs. Wise & Gutierrez, for defendant.


PERKINS, J.

On April 5, 1971, the defendant was found guilty of the crime charged. An appeal was prosecuted to the Supreme Court of Ohio, which upheld the trial court. A motion for a new trial based on newly discovered evidence was filed October 27, 1972, pursuant to R. C. 2945.80.

The motion is accompanied by three affidavits and a polygraph test taken by the defendant, dated October 26, 1972.

The defendant moves for a new trial based upon the three...

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