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STATE v. MATHIS

Nos. CA 8367 and 8497.

16 Ohio App. 3d 13 (1984)

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

Court of Appeals of Ohio, Montgomery County.

Decided April 3, 1984.

Attorney(s) appearing for the Case

Mr. Lee C. Falke, prosecuting attorney, and Mr. Ted E. Millspaugh, for appellee.

Mr. Michael R. Eckhart, for appellant.

MCBRIDE, J.

Case No. 8367 is an appeal by Rodney A. Mathis, who was found guilty of the aggravated murder of Jeffrey Herman and of attempted aggravated murder of Gilda Mathis, committed on November 21, 1982. Case No. 8497 is from a denial of a motion for new trial. The two were consolidated in this court.

Counsel for appellant listed three assignments of error. The last two will be first considered and the first assignment, relating to the motion for new trial...

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