State v. Powell

*34OPINION

By PHILLIPS, PJ.

Defendant appealed to this court on questions of law from a judgment of the court of common pleas entered upon a finding of guilty of murder in the second degree made by three judges thereof before whom, by waiver of trial by jury, defendant elected to be tried upon an indictment for murder in the first degree returned by the Grand Jury of Mahoning County.

The case was not properly appealed as one on questions of law and fact. Accordingly, the words “and fact” were stricken from defendant’s notice of appeal and the appeal was retained, heard, submitted, and will be…