STATE v. BATES

No. 76-904.

48 Ohio St. 2d 315 (1976)

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

Supreme Court of Ohio.

Decided December 23, 1976.


Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, Mr. Robert R. Hastings, Jr., and Mr. Thomas P. Longano, for appellee.

Latimer & Swing Co., L. P. A., Mr. Albert J. Mestemaker, Messrs. Schwartz & Schwartz and Mr. Michael S. Schwartz, for appellant.


Per Curiam.

I.

The record before us establishes the following facts:

On November 25, 1974, the defendant-appellant, Leroy Bates, was living at his sister's residence located at 2248 Wheeler Street, in Cincinnati. Ellis Shelton, a friend of Leroy Bates for about six years, stopped by the Wheeler Street address to see Bates that afternoon.

Shelton explained to Bates that he was planning an armed robbery of the Warner Tavern and...

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