STATE v. HIGGINS

No. 8193.

50 Ohio App. 2d 389 (1976)

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

Court of Appeals of Ohio, Summit County.

Decided November 17, 1976.


Attorney(s) appearing for the Case

Mr. Stephan M. Gabalac, prosecuting attorney, and Mr. Carl M. Layman III, for appellee.

Mr. Duard D. Bradshaw, for appellant.


MAHONEY, P. J.

This is an appeal from a conviction for aggravated burglary in the Court of Common Pleas.

The defendant, Adolph S. Higgins, assigns as error:

"I. Where, in a jury trial, the state attempts to introduce a taped confession allegedly made by the defendant, and where the defendant objects to the introduction of said tape, and where the trial court, without an independent hearing as to the voluntariness of said confession overrules the defendant...

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