STATE v. RUPPERT

No. 77-1022.

54 Ohio St. 2d 263 (1978)

THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. RUPPERT, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided May 17, 1978.


Attorney(s) appearing for the Case

Mr. John F. Holcomb, prosecuting attorney, and Mr. Daniel G. Eichel, for appellant and cross-appellee.

Messrs, Holbrock, Jonson, Bressler & Houser, Mr. Hugh D. Holbrock and Mr. H. J. Bressler, for appellee and cross-appellant.


SWEENEY, J.

The first issue confronting this court is whether an accused charged with an offense punishable by death who has waived his right to a trial by jury may be convicted only by a unanimous vote of the three-judge panel. R. C. 2945.06 clearly provides that in a criminal case involving the death penalty tried to a panel of three judges the "* * * judges or a majority of them may decide all questions of fact and law arising upon the trial, and render judgment...

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