Opinion
No. 72-11
Decided May 2, 1973.
Criminal law — Abortion — R.C. 2901.16 — Reversal of conviction — Pursuant to remand from United States Supreme Court.
APPEAL from the Court of Appeals for Cuyahoga County.
ON REMAND from the Supreme Court of the United States.
Defendant was convicted of violating R.C. 2901.16 (abortion). Upon appeal to the Court of Appeals, that court affirmed. This court overruled defendant's motion for leave to appeal and dismissed his appeal as of right on the ground that no substantial constitutional question was involved.
Defendant then appealed to the United States Supreme Court. That court, on February 26, 1973, ordered "that the judgment of the Supreme Court of Ohio in this cause be vacated, and that the cause be remanded to the Supreme Court of the State of Ohio for further consideration in light of Roe v. Wade" (decided January 22, 1973), 410 U.S. ___, 35 L. Ed. 2d 147.
The cause is before this court pursuant to defendant's appeal as of right and the allowance of his motion for leave to appeal.
Mr. John T. Corrigan, prosecuting attorney, and Mr. Harvey R. Monck, for appellee.
Messrs. Kahn, Kleinman, Yanowitz Arnson and Mr. Bernard J. Stuplinski, for appellant.
By reason of the holding and mandate of the Supreme Court of the United States in Roe v. Wade (1973), 410 U.S. ___, 35 L. Ed. 2d 147, which we are required to follow, the judgment of the Court of Appeals must be reversed. The judgment is, therefore, reversed.
Judgment reversed.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, W. BROWN and P. BROWN, JJ., concur.
CELEBREZZE, J., dissents.