State v. Payne

The state of Ohio, plaintiff, appellee herein, filed a motion to dismiss the appeal of defendant, appellant herein, for the reason that, although a notice of appeal was filed herein on September 7, 1956, and a bill of exceptions was filed December 13, 1956, the defendant has not, to date, filed any brief or taken any other steps to prosecute his appeal.

The motion for a new trial was overruled August 10, 1956, by the trial judge in the Common Pleas Court. Twenty-eight days thereafter, to wit, on September 7, 1956, notice of appeal on questions of law was filed by George V. Fisher, attorney for…