OHIO V. SCOTT
285 N.E.2d 344 (1972)
NATURE OF THE CASE: Scott (D) sought review of the judgment, which convicted him of
shooting at a person with intent to kill, wound, or maim, and of shooting at two police
officers.
FACTS: Scott (D) was convicted of shooting at another man with the intent to kill and for
shooting at two police officers. One of the victims was blinded by a shotgun blast in the
face and the other was chased down by D when he fled the house. The police eventually
pursued D. Just prior to D's arrest, D went to a theater and had a conversation with an old
friend, Carol Tackett, who was told by D that he had wrecked a car and shot a guy. One day
after the arrest, Carol gave a statement to the police concerning this conversation. During
trial Carol could not remember the content of the statement or all the events of that day.
During trial this statement was admitted into evidence under past recollection recorded, and
D objected but that was overruled. Carol had given testimony prior to the admission of the
signed statement. D was convicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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