STATE v. YOUNG

No. 82-535.

5 Ohio St. 3d 221 (1983)

THE STATE OF OHIO, APPELLANT, v. YOUNG ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 6, 1983.


Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. Donald C. Nugent, for appellant.

Mr. Robert J. Lewis, for appellee Young.

Starkoff & Starkoff Co., L.P.A., Mr. Harvey H. Starkoff and Mr. Scott R. Mergenthaler, for appellee Walker.


GREY, J.

The appellant's argument, in summary, is that although a defendant is entitled to his Sixth Amendment right of confrontation, hearsay may be admitted against him if it falls within one of the exceptions to the hearsay rule and bears the indicia of reliability.

The state claims because Mabry's refusal to be sworn or answer any questions renders his prior testimony unavailable, it was permissible to read...

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