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STATE EX REL. BURTON v. SMITH

No. 735.

118 Ohio App. 248 (1962)

THE STATE, EX REL., BURTON, v. SMITH ET AL., JUDGES OF THE COURT OF COMMON PLEAS, SCIOTO COUNTY.

Court of Appeals of Ohio, Scioto County.

Decided September 14, 1962.

Attorney(s) appearing for the Case

Mr. Everett Burton, prosecuting attorney, and Mr. Robert E. Dever, for relator.

Mr. Richard L. Canter, for respondent Vernon Smith, Judge.

FESS, J.

The relator, Everett Burton, Prosecuting Attorney of Scioto County, brings this original action in mandamus in this court against the respondent common pleas judges of Scioto County, seeking, in effect, to compel respondents to refrain from selecting talesmen as substitutes for prospective grand jurors previously drawn from the jury wheel from among ballots prepared from the annual jury list set forth in a venire issued to the sheriff therefor but before...

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