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STATE v. FOCHT

No. 73-305.

37 Ohio St. 2d 173 (1974)

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

Supreme Court of Ohio.

Decided March 27, 1974.

Attorney(s) appearing for the Case

Mr. Lee C. Falke, prosecuting attorney, and Mr. Randal A. Anderson, Jr., for appellee.

Mr. William F. Clinard, for appellant.

Per Curiam.

Appellant's primary contention is that the trial court abused its discretion by denying him the opportunity to present witnesses whose testimony would support his alibi. R. C. 2945.581 makes mandatory the filing of a notice of alibi where such a defense is contemplated (State v. Payne [1957], 104 Ohio App. 410), and, where notice is not properly filed it allows...

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