STATE v. DIEHL

No. 80-479.

64 Ohio St. 2d 179 (1980)

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

Supreme Court of Ohio.

Decided December 23, 1980.


Attorney(s) appearing for the Case

Mr. James A. Berry, prosecuting attorney, and Ms. Catherine B. Wilder, for appellant.

Mr. J. Tullis Rogers and Ms. Elizabeth Manton, for appellee.


Per Curiam.

We agree with the Court of Appeals that the accusations of McGhee, contained in the transcript of his grand jury testimony, and admitted in subsequent testimony, were not corroborated, as required by R. C. 2923.03(D). Therefore, we need not decide whether either the transcript or Frances Byerman's testimony was admissible.

R. C. 2923.03(D) changed the common law in Ohio.2 It states that no conviction may be based...

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