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STATE v. ASPELL

No. 8029.

5 Ohio App. 2d 44 (1966)

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

Court of Appeals of Ohio, Franklin County.

Decided January 18, 1966.

Attorney(s) appearing for the Case

Mr. C. Howard Johnson, prosecuting attorney, and Mr. James A. Pearson, for appellee.

Mr. Joseph H. Hans, for appellant.

DUFFEY, J.

This is an appeal from a judgment of the Common Peas Court of Franklin County convicting appellant of a felony under Section 2907.12, Revised Code. Appellant was charged with one count—that he "did maliciously and forcibly, by and with the aid of hand tools, force an entrance into a depository box containing money * * *."

Section 2907.12, Revised Code, provides:

"No person, by day or...

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