STATE v. MARSHALL

Nos. 10484, 10485, 10488 and 10489.

15 Ohio App. 2d 187 (1968)

THE STATE OF OHIO, APPELLEE, v. MARSHALL ET AL., APPELLANTS.

Court of Appeals of Ohio, Hamilton County.

Decided May 27, 1968.


Attorney(s) appearing for the Case

Mr. Melvin G. Rueger and Mr. Fred J. Cartolano, for appellee.

Messrs. Morr & Gilday, for appellants.


SHANNON, J.

These are appeals on questions of law from the Court of Common Pleas of Hamilton County. Because the appeals involve the same alleged errors, they have been consolidated and will be considered accordingly.

The several defendants were indicted jointly for attempted burglary and possession of burglar tools and subsequently tried upon the following set of facts.

On April 15, 1967, about 1:15 a. m., a passing motorist observed two men near...

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