MCCRORY v. STATE

No. 80-755.

67 Ohio St. 2d 99 (1981)

MCCRORY ET AL., APPELLANTS, v. THE STATE OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 8, 1981.


Attorney(s) appearing for the Case

Messrs. McConnaughey, Stradley, Mone & Moul, and Mr. Edward F. Whipps, and Michael F. Colley & Associates, Mr. Michael F. Colley and Mr. Jerry L. Maloon, for appellants.

Mr. William J. Brown, attorney general, and Mr. Melvin D. Weinstein, for appellees.


PAUL W. BROWN, J.

We conclude that with Dr. Buchanan's testimony the judgment below was soundly based upon the evidence, but that Dr. Buchanan's testimony was crucial to the validity of the judgment since the trial court clearly relied on it heavily in making its decision.

The issue for resolution, therefore, is whether the trial court erred in allowing Dr. Buchanan to testify over appellants' objection that Dr. Buchanan was incompetent to testify because...

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