State v. Petro

Our question in this appeal is: Does it affirmatively appear from the assigned errors and the record that the defendant was prejudiced or was prevented from having a fair trial? Our question here is not whether there was error at the trial, but whether it affirmatively appears from the record that the defendant was prejudiced by any such error or thereby prevented from having a fair trial.

Section 13449-5, General Code, provides:. “No motion for a new trial shall be granted or verdict set aside, nor shall any judgment of conviction be reversed in any court in case of any inaccuracy or…