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STATE v. SHERMAN

No. 7019.

44 Ohio App. 2d 45 (1973)

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

Court of Appeals of Ohio, Summit County.

Decided April 25, 1973.

Attorney(s) appearing for the Case

Mr. Stephan M. Gabalac, prosecuting attorney, and Mr. Dennis J. Bartek, for appellee.

Mr. Richard E. McCune, for appellant.

MAHONEY, J.

This is an appeal by the defendant, Eddie Sherman, Jr., from a conviction of armed robbery (R. C. 2901.13), rendered by a jury on May 9, 1972, in the Court of Common Pleas of Summit County.

Defendant's first assignment of error is that: the trial court erred "by permitting the alleged eyewitness to identify defendant * * * in open court and in the presence of the jury," because that identification...

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