STATE v. WILLIAMS

No. 74-857.

43 Ohio St. 2d 88 (1975)

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

Supreme Court of Ohio.

Decided July 9, 1975.


Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. George J. Sadd, for appellant.

Mr. Donald A. Modica, for appellee.


CELEBREZZE, J.

This case presents for determination the question of whether the refusal of a trial judge to grant a motion for a new trial based upon newly discovered evidence in a criminal case is an abuse of discretion where the "new evidence" is hearsay testimony consisting of an admission against penal interest by the absent declarant. The ruling of the Court of Appeals is premised principally upon the decision of this court in the case of G. M. McKelvey Co...

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