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STATE v. BEAVERS

C.A. No. 22588.

2009 Ohio 5604

State of Ohio, Plaintiff-Appellee, v. Reuben J. Beavers, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on October 23, 2009.

Attorney(s) appearing for the Case

Melissa M. Ford, Atty. Reg. No. 0084215, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Michael B. Miller, Atty. Reg. No. 0079305, 2160 Kettering Tower, Dayton, Ohio 45423, Attorney for Defendant-Appellant.

OPINION

FAIN, J.

{¶ 1} Defendant-appellant Rueben J. Beavers appeals from an order overruling his motion for a new trial. He contends that the trial court erred in overruling his motion upon the ground that his proffered, newly discovered evidence in the form of testimony of an eyewitness to the shooting was merely cumulative with the trial testimony of another eyewitness, and did not have a strong probability of...

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