DAYTON v. MARTIN

No. CA 10242.

43 Ohio App. 3d 87 (1987)

CITY OF DAYTON, APPELLEE, v. MARTIN, APPELLANT.

Court of Appeals of Ohio, Montgomery County.

Decided October 21, 1987.


Attorney(s) appearing for the Case

Vincent Popp, city prosecuting attorney, for appellee.

Kurt R. Portmann, county public defender, and Paul M. Courtney, for appellant Michael J. Martin.


FAIN, J.

Defendant-appellant appeals from the denial of his motion for new trial. The motion, as supplemented, was based on a claim of newly discovered evidence that could not, with reasonable diligence, have been discovered and produced at the trial. The record affirmatively suggests that the trial court committed an error of law in its consideration of Martin's motion for new trial. Accordingly, the trial court's denial of the motion will be reversed and the cause...

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