STATE, EX REL. STURGELL v. FAIS

No. 76-706.

48 Ohio St. 2d 183 (1976)

THE STATE, EX REL. STURGELL, v. FAIS, JUDGE.

Supreme Court of Ohio.

Decided December 15, 1976.


Attorney(s) appearing for the Case

Mr. Dennis N. Balske, for relator.

Mr. George C. Smith, prosecuting attorney, and Mr. Stephen A. Reilly, for respondent.


Per Curiam.

Respondent argues that the complaint herein makes no specific averment that relator was indigent at the time the motion for a transcript was made. However, the uncontroverted facts set forth in this cause do not permit a judgment for respondent on that basis.

Respondent contends further that an appeal must be pending to require a transcript at state expense. However, this court has determined that an indigent is entitled to a transcript...

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