STATE v. PAYNE

No. 5619.

104 Ohio App. 410 (1957)

THE STATE OF OHIO, APPELLEE, v. PAYNE, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided December 5, 1957.


Attorney(s) appearing for the Case

Mr. Samuel L. Devine, prosecuting attorney, and Mr. Fred L. Newsom, Jr., for appellee.

Messrs. Robins, Metcalf & Fisher, for appellant.


BRYANT, J.

Clifford Payne and another defendant were found guilty by a jury in the court below of burglary and grand larceny. The indictment charged Payne and three other defendants with breaking into Presutti's Villa, but only Payne's case is before this court.

Payne's first assignment of error is based upon the charge of the trial court with respect to the defense of alibi in which the trial court stated that such defense must be proved by the preponderance...

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