State v. Ruppert

The first issue confronting this court is whether an accused charged with an offense punishable by death' who has waived his right to a trial by jury may be convicted only by a unanimous vote of the three-judge panel. R. C. 2945.06 clearly provides that in a criminal case involving the death penalty tried to a panel of three judges the “ * * * judges or a majority of them may decide all questions of fact and law arising upon the trial, and render judgment accordingly.” .

Although the above portions of R. C. 2945.06 have never been repealed, it is contended. that the provisions have been…