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STATE v. MURPHY

No. 38429.

176 Ohio St. 385 (1964)

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

Supreme Court of Ohio.

Decided June 24, 1964.

Attorney(s) appearing for the Case

Mr. Howard W. Broadbent, for appellee.

Mr. Stephen J. Knerly, for appellant.

The appellant, Herbert E. Murphy, hereinafter called defendant, was arrested without a warrant on July 21, 1962, in Berea, Ohio, by an officer of the Middleburg Heights Police Department. Later in the same morning, the complainant, Mary Ann Kruichuk, executed the affidavit upon which the warrant was issued. The affidavit provides in pertinent part:

"Before me, Andrew H. Rosbough, Mayor of the City of Middleburg Heights...

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