Legal Opinion · Concurrence

State v. Morello

Ohio Supreme Court

Decided May 13, 1959No. 35782Published

1ConcurrenceTaft, J.

In the opinion of the Court of Appeals, it is stated:

"* * * even if it were erroneous [to admit the transcript of *218the plea of guilty by Mary Floyd into evidence] it could not have been prejudicial, for counsel for appellant concedes that Mary Floyd was intoxicated, as she states at page eight of her brief, ‘if she were intoxicated, and the record discloses that she was, we do not deny that, but we say that defendant-appellant had no opportunity of knowing this fact. ’ ” ■

Apparently, therefore, defendant in the Court of Appeals conceded that Mary Floyd was intoxicated and the Court of Appeals…

2Cases cited18 opinions

  1. Kirby v. United StatesSupreme Court of the United States · 1899
  2. Summons v. StateOhio Supreme Court · 1856
  3. Holt v. StateOhio Supreme Court · 1923
  4. State v. KominisOhio Court of Appeals · 1943
  5. Freedman v. StateCourt of Appeals of Maryland · 1950

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