STATE v. HOWARD

No. 78-468.

56 Ohio St. 2d 328 (1978)

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

Supreme Court of Ohio.

Decided December 7, 1978.


Attorney(s) appearing for the Case

Mr. George C. Smith, prosecuting attorney, and Mr. Alan C. Travis, for appellant.

Mr. Myron Shwartz, for appellee.


POTTER, J.

The appellant has filed two propositions of law. They are as follows:

1. "A defense alibi witness not a party to a criminal proceeding, may be cross-examined for impeachment purposes regarding pre-trial silence to determine if, under the circumstances, that silence was inconsistent with the witness' testimony at trial."

2. "The provisions of Criminal Rule 16 (B) (1) (e) providing for discovery...

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