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STATE v. REED

No. 80-757.

65 Ohio St. 2d 117 (1981)

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

Supreme Court of Ohio.

Decided March 31, 1981.

Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, Mr. William E. Breyer and Mr. F. David Albanese, for appellee and cross-appellant.

Mr. R. Scott Croswell III, Mr. Gregory L. Adams and Ms. Elizabeth Agar, for appellant and cross-appellee.

CELEBREZZE, C. J.

Defendant contends that the prosecution did not prove the presence of prior calculation and design, aggravated robbery and escape. In State v. Sheppard (1956), 165 Ohio St. 293, this court stated in the fifth paragraph of the syllabus, that:

"In an appeal from a conviction in a criminal case, this court will not retry the issues of fact but will confine its consideration to a determination...

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