State v. Davis

I

In his first proposition of law, appellant contends that the trial court erred in permitting the jury to consider “other acts” evidence through the opening statement of the prosecutor and the testimony of Donald Kendall and Alvin Powell. Each of these references concerned the participation of appellant in narcotics trafficking.

With respect to the opening statement of the prosecutor, we have previously held that such remarks are not testimonial evidence and may not be considered as such. Maggio v. Cleveland (1949), 151 Ohio St. 136, 38 O.O. 578, 84 N.E.2d 912. In accordance with 4 Ohio Jury…