STATE v. ROLLINS

No. 5265.

49 Ohio App. 2d 330 (1976)

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

Court of Appeals of Ohio, Montgomery County.

Decided December 2, 1976.


Attorney(s) appearing for the Case

Mr. Lee C. Falke, prosecuting attorney, and Mr. Herbert Creech, for appellee.

Mr. Michael R. Echart, for appellant.


MCBRIDE, J.

Appellant was convicted by a jury of aggravated robbery and sentenced for this and other offenses. He lists four assignments of error. These will be separately discussed and considered.

Appellant did not take the stand. There was no request for or objection to the instructions to the jury.

The court instructed the jury as follows:

"In this case the defendant did not testify. It is not necessary that the defendant take the witness...

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