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STATE v. ASPELL

Nos. 40194 and 40195.

10 Ohio St. 2d 1 (1967)

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

Supreme Court of Ohio.

Decided March 29, 1967.

Attorney(s) appearing for the Case

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

Mr. Joseph H. Hans, for appellees.

ZIMMERMAN, J.

It is disclosed by the evidence that the "depository box" mentioned in the indictment was a metal cigarette vending machine of a familiar type, owned and serviced by the Ace Vending Company and located in the rear of Sandy's Drive-In at the Northern Lights Shopping Center in Franklin County. There was a slot in the upper section for the insertion of coins for cigarette purchases, and the receptacle for the coins inside the machine consisted of a ten...

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