Ohio Supreme Court July 17, 1968, No. 41416 (State v. Stanton)

Taft, C. J.

It is first contended that the trial court erred in permitting the prosecutor, over objection, to introduce evidence of defendant’s refusal to take an intoximeter test and in further permitting the prosecutor to comment upon such failure in argument to the jury. For the reasons which we gave in Westerville v. Cunningham, ante 121, these claims of error are rejected.