STATE v. SMITH

No. CA-77-13.

59 Ohio App. 2d 194 (1977)

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

Court of Appeals of Ohio, Muskingum County.

Decided December 20, 1977.


Attorney(s) appearing for the Case

Mr. Richard Bridwell, for appellee.

Messrs. Abraham, Purkey & Levy and Messrs. Cassidy, Niehoff & Meeks, for appellant.


PUTMAN, J.

The state's witnesses who claimed they were Larry Smith's accomplices told the jury Smith had (with varying numbers of them) participated in seventeen diverse and separate criminal enterprises over a two-month period. The trouble is that the Grand Jury had indicted Smith for only six of them.

We reverse this case because we find the trial to be so lacking in fundamental fairness as to be unsalvageable. The accused and his counsel were forced without...

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