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STATE, EX REL. CLIFFORD, CLERK v. CLOUD, AUD.,

Nos. 40003 and 40015.

7 Ohio St. 2d 55 (1966)

THE STATE, EX REL. CLIFFORD, CLERK OF COURT OF COMMON PLEAS OF FRANKLIN COUNTY, v. CLOUD, AUDITOR OF STATE. THE STATE, EX REL. MASGAY, CLERK OF COURT OF COMMON PLEAS OF CUYAHOGA COUNTY, v. CLOUD, AUDITOR OF STATE.

Supreme Court of Ohio.

Decided June 29, 1966.

Attorney(s) appearing for the Case

Mr. C. Howard Johnson, prosecuting attorney, and Mr. George C. Smith, for relator in case No. 40003.

Mr. John T. Corrigan, prosecuting attorney, and Mr. John T. Patton, for relator in case No. 40015.

Mr. William B. Saxbe, attorney general, and Mr. Charles S. Lopeman, for respondent.

SCHNEIDER, J.

Section 2941.51, Revised Code, provides that "fees and expenses [for defense counsel assigned to an accused] approved by the court under this section shall be taxed as part of the costs." Section 2949.19, Revised Code, provides that if the costs of prosecution of a convicted felon are not satisfied by a levy on the property of the felon, "the Clerk of the Court of Common Pleas shall so certify to the Auditor of State * * * with a statement of the total...

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