STATE v. THOMAS

No. 81-1041.

70 Ohio St. 2d 79 (1982)

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

Supreme Court of Ohio.

Decided May 19, 1982.


Attorney(s) appearing for the Case

Mr. Stephen R. Shaw, for appellant.

Mr. Gregory M. Novak, for appellee.


REILLY, J.

Appellant advances the following proposition of law:

"Where there is ample evidence in the record from which a jury can weigh and evaluate the testimony of defense witnesses as to the issue of insanity it is exclusively within the province of the jury to make that evaluation and it is an abuse of judicial discretion and an abuse of the jury process for a reviewing court to substitute its own evaluation of those witnesses and thereby overturn the...

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