STATE v. GILMORE

No. 86-313.

28 Ohio St. 3d 190 (1986)

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

Supreme Court of Ohio.

Decided December 26, 1986.


Attorney(s) appearing for the Case

Lee C. Falke, prosecuting attorney, and Walter F. Ruf, for appellant.

Ensley & Eilerman and Timothy N. O'Connell, for appellee.


DOUGLAS, J.

The issue presented in this case is whether a proffer of excluded evidence is required in every situation to preserve, for appellate review, an evidentiary ruling which is alleged to be in error. We answer in the negative.

Evid. R. 103 provides, in pertinent part:

"(A) Effect of erroneous ruling. Error may not be predicated upon a ruling which admits or excludes evidence unless a substantial right of the party is affected, and

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