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STATE v. THEISEN

No. 34654.

165 Ohio St. 313 (1956)

THE STATE OF OHIO, APPELLANT, v. THEISEN, APPELLEE.

Supreme Court of Ohio.

Decided May 31, 1956.

Attorney(s) appearing for the Case

Mr. Bernard W. Freeman, prosecuting attorney, for appellant.

Messrs. Miller, Miller & Miller, for appellee.

TAFT, J.

The judgment of the Court of Appeals was based upon the conclusion that the Common Pleas Court had endeavored to do what it was not authorized to do, i. e., to suspend a sentence after it had been imposed and thereupon to place the defendant on probation. See State v. Preston, 74 Ohio App. 318, 58 N.E.2d 694. Cf. Section 13451-8b, General Code (now Section 2947.13, Revised Code), relative...

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