State v. Sims

(By assignment from Paulding County.) Ordinarily, it would seem that defendant’s R. C. 2953.-21 petition for post-conviction relief should be easily and summarily dismissed when these facts are not disputed. Defendant was tried by a jury which heard the evidence in a three-day trial. On the fourth day, June 8, 1973, when the final arguments of counsel were made and the jury instructed by the judge, the defendant, free on bail, did not appear. At 5:30 P. M. of this day, the jury returned its verdict in defendant’s absence finding him guilty as charged in respect to offenses committed shortly…