STATE v. LYLES

No. 88-29.

42 Ohio St. 3d 98 (1989)

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

Supreme Court of Ohio.

Decided April 26, 1989.


Attorney(s) appearing for the Case

Arthur M. Ney, Jr., prosecuting attorney, L. Susan Laker and Patrick Dinkelacker, for appellant.

Randall M. Dana, public defender, George A. Lyons and Joseph N. Rosenthal, for appellee.


WRIGHT, J.

The principal issue before us is whether the admission of the disputed evidence was an abuse of discretion.

Evid. R. 401 defines "relevant evidence" as that which has "* * * any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." Generally speaking, the question of whether evidence is relevant is ordinarily not one of law but rather...

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