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STATE v. WOLONS

No. 88-209.

44 Ohio St. 3d 64 (1989)

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

Supreme Court of Ohio.

Decided July 5, 1989.

Attorney(s) appearing for the Case

John T. Corrigan, prosecuting attorney, and Paul J. Myles, for appellant.

Bernard, Haffey & Bosco Co., L.P.A., and J. Ross Haffey, Jr., for appellee.

MOYER, C.J.

We first must determine whether the defendant waived his right to appeal the denial of his request that the jury be instructed on the law of intoxication. We are asked to extend to criminal cases our holding in Presley v. Norwood (1973), 36 Ohio St.2d 29, 65 O.O.2d 129, 303 N.E.2d 81.

In Presley we considered Civ. R. 51(A), which contains language almost identical to Crim. R. 30(A...

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