State v. Smith
State v. Smith
226 N.E.2d 807; 10 Ohio App. 2d 186; 39 Ohio Op. 2d 342; 1967 Ohio App. LEXIS 462
(North Eastern Reporter, Second Series)
State v. Smith
Opinion of the Court
An examination of the record shows that the prosecutor, in his argument to the jury, said: ‘1 This man never took the stand to tell you that.”
This is a violation of the rule of Griffin v. California, 380 U. S. 609.
Defendant made a motion to declare a mistrial, which was overruled; and, in the opinion of this court, this was error.
The judgment is, therefore, reversed, and the cause is remanded for further proceedings in accordance with this opinion.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.