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STATE, EX REL. SMILACK v. BUSHONG

No. 33197.

159 Ohio St. 259 (1953)

THE STATE, EX REL. SMILACK, APPELLEE, v. BUSHONG, SUPT., APPELLANT.

Supreme Court of Ohio.

Decided April 22, 1953.

Attorney(s) appearing for the Case

Mr. Jack B. Dworken and Mr. Morton R. Dworken, for appellee.

Mr. C. William O'Neill, attorney general, Mr. Robert E. Leach, Mr. Larry Snyder, Mr. Ralph J. Bartlett, prosecuting attorney, and Mr. Henry L. Holden, for appellant.

ZIMMERMAN, J.

We are not now concerned with either the accused's political philosophy or whether he violated Section 12845, General Code. The sole question for our determination is whether in the circumstances disclosed by this case the Court of Appeals was correct in holding that the trial court violated the Fourteenth Amendment to the Constitution of the United States relating to due process when it ordered the accused...

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