State v. Stevens 66 Ohio Law Abs. 144

66 Ohio Law Abs. 144

STATE, Plaintiff-Appellee, v. STEVENS, Defendant-Appellant.

Ohio Appeals, Second District, Franklin County.

No. 4449.

Decided October 2, 1950.

Ralph J. Bartlett, Pros. Atty., Edmund B. Paxton, Asst. Pros. Atty., Columbus, for plaintiff-appellee.

Howard H. Gillard, Columbus, for defendant-appellant.

OPINION

By THE COURT.

The defendant was charged with and convicted of sodomy and rape on five counts. A jury was waived and trial was had before the Honorable Judge Reynolds of the Common Pleas Court.

The only error assigned is a failure of proof of all of the elements of the offenses charged.

We have examined the evidence and find it sufficient to support the judgment. The only question presented was the weight to be attached to the testimony of the various witnesses. This was solely the function of the trial court. The *145judgment indicates that he placed more credence in the State’s witnesses “than in those offered by the defense. In so doing the conviction was fully warranted.

Finding no error in the record the judgment will be affirmed.

MILLER, PJ, HORNBECK and WISEMAN, JJ, concur.

State v. Stevens
66 Ohio Law Abs. 144

Case Details

Name
State v. Stevens
Decision Date
Oct 2, 1950
Citations

66 Ohio Law Abs. 144

Jurisdiction
Ohio
Court
Ohio Court of Appeals

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