State v. Stevens

Ohio Supreme Court
State v. Stevens, 22 Ohio St. 2d 4 (Ohio 1970)
257 N.E.2d 396; 51 Ohio Op. 2d 2; 1970 Ohio LEXIS 384
Corrigan, Duncan, Herbert, Leach, Leaoh, Matthias, Neill, Schneider, Tenth

State v. Stevens

Opinion of the Court

Per Curiam.

Defendant was convicted in the Hamilton County Municipal Court of child neglect, in violation of Section 2903.08, Revised Code, and the Court of Appeals affirmed that judgment.

One of the elements of the crime is paternity. Any evidence which would tend to establish or disprove paternity is relevant to the inquiry. State v. Snyder, 157 Ohio St. 15. Section 2317.47, Revised Code, makes it mandatory for the trial court, on motion, to order blood grouping tests when “it is relevant * * * to determine paternity # * *',! Defendant’s motion for the tests should have been granted.

Therefore, the judgment of the Court of Appeals is reversed and the cause is remanded to the Hamilton County Municipal Court for further proceedings.

Judgment reversed.

Leaoh, O’Neill, Schneider, Herbert, Duncan and Corrigan, JJ., concur.* Leach, J., of the Tenth Appellate District, sitting for Matthias, J.

Reference

Full Case Name
The State of Ohio v. Stevens
Cited By
3 cases
Status
Published