State v. Ellis

Citations

• 98 Ohio St. (N.S.) 21

Syllabus

<p>Jurors — Voir dire examination — Discretion of trial court— Opinion of venireman — Recommendation of mercy — In first degree murder case.</p> <p>1. In a rvoir dire examination of veniremen to qualify them as fair and impartial jurors under the constitution and the law, such examination, where not specifically controlled by statute, is largely in the discretion of the trial judge, and no prejudicial error can be assigned in connection with such examination unless there be a clear abuse of such discretion.</p> <p>2. A venireman’s opinion as to the wisdom or unwisdom of a recommendation of mercy upon a conviction of murder in the first degree is not subject to inquiry upon a voir dire examination of the venireman.</p> <p>3. Whether or not .a recommendation of mercy shall be made upon finding an accused guilty of murder in the first degree is a matter vested fully and exclusively in the discretion of the jury.</p>