Chicko v. State

Citations

• 35 Ohio C.C. Dec. 13
• 24 Ohio C.C. (n.s.) 579
• 1904 Ohio Misc. LEXIS 351

Syllabus

<p>CRIMINAL LAW</p> <p>Error in Admission of Evidence Cured by Withdrawal of Evidence at Any Time.</p> <p>When in the trial of a criminal case, incompetent evidence offered by the state has been admitted over the objections of the defendant and exceptions noted, but such evidence is subsequently withdrawn and the jury clearly told to disregard it, the judgment should not be reversed for the admission of such evidence, unless it is manifest from the whole record that the jury disregarded the instructions of the court; hence, it is not important at what time the evidence is withdrawn from the consideration of the jury so long as it is clearly withdrawn before the case is finally submitted to them.</p>