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STATE v. DIEHL

No. 80-1655.

67 Ohio St. 2d 389 (1981)

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

Supreme Court of Ohio.

Decided July 29, 1981.

Attorney(s) appearing for the Case

Mr. James A. Berry, prosecuting attorney, and Mr. James W. Skogstrom, for appellant.

Mr. James N. Griffin, for appellee.

Per Curiam.

In support of his argument that the reversal of his convictions should be affirmed, appellee contends that (1) the state improperly used McGhee's grand jury testimony as substantive evidence of appellee's guilt, and (2) the introduction of McGhee's grand jury testimony violated appellee's Sixth Amendment1 right of confrontation.

Under controlling Ohio law at the time of the trial of this cause,

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