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STATE v. SMITH

No. 76-827.

50 Ohio St. 2d 51 (1977)

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

Supreme Court of Ohio.

Decided April 27, 1977.

Attorney(s) appearing for the Case

Mr. David E. Bowers, prosecuting attorney, and Mr. Stephen R. Shaw, for appellee.

Roger B. Turrell & Assoc. Co., L. P. A., Mr. Roger B. Turrell, Messrs. Vorys, Sater, Seymour & Pease and Mr. Robert E. Leach, for appellant.

Per Curiam.

The main issue raised in the instant cause is whether the trial court abused its discretion when it excluded the testimony of the three defense witnesses concerning the whereabouts of the defendant and his girl friend from roughly 9:00 p. m. to 1:00 a. m. on October 16, 1974.2

Crim. R. 12.1 provides:

"Whenever a defendant in a criminal case proposes to offer...

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