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STATE v. KEARNS

No. 5337.

102 Ohio App. 381 (1956)

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

Court of Appeals of Ohio, Franklin County.

Decided March 21, 1956.

Attorney(s) appearing for the Case

Mr. Justin L. Sillman, Mr. Robert E. Albright and Mr. R. Rush Warren, for appellee.

Mr. Robert N. Gorman, Mr. Gale R. King and Mr. Milton L. Farber, for appellant.

MILLER, P. J.

This is an appeal on questions of law from a judgment of the Common Pleas Court rendered upon the verdict of a jury finding the defendant guilty of embezzlement in violation of Section 12876, General Code (Section 2919.03, Revised Code). Specifically the indictment charges that Frank H. Kearns, "being an officer, to wit, being the prosecuting attorney for the county of Franklin aforesaid, elected in pursuance of law to said office of public trust in...

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