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24 Ohio C.C. Dec. 526

Smith v. State

Ohio Circuit Courts

Decided August 3, 1912

Ohio Circuit Courts · decided 1912-08-03

- The plaintiff in error was convicted of larceny in the theft of jewelry from the residence of Miss Bertha Oettinger, where he had been employed to repair some window screens. His preliminary examination occurred before Justice Muller, who testified at the trial in the common pleas that Smith admitted to him that he took the jewelry.

Decided 1912-08-03

JONES, J.

¶1"We can not see that it was error for the trial court to have admitted the evidence of witnesses as to the admission by Smith of his guilt made at the 'time he appeared before the examining magistrate.

¶2The admission of the letter written to Miss Oettinger was not in accord with the rules of evidence, but in view of defendant’s admissions and other convincing evidence we think this was not reversible error. The defendant did not embrace his opportunity to deny having written the letter. Although that omission should not weigh against him, we must decline to reverse the case for such error alone when the competent or admissible evidence in the ease clearly establishes guilt beyond a reasonable doubt.

¶3Judgment affirmed.

Swing and Smith, JJ., concur.
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