GIBSON, J.
By stipulation the parties have agreed that "the sole issue * * * is whether or not the Court, or a Judge thereof, has the authority, under Ohio law, to fill vacancies existing in the original venire of a grand jury after attempting service thereon of the persons named in the original venire and prior to the impanelling and swearing of the grand jury" by "persons whose names are not contained in the annual jury list and are not chosen from the ballots deposited...
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