STATE v. HENRY

No. 29214.

23 Ohio Misc. 367 (1969)

THE STATE OF OHIO v. HENRY.

Common Pleas Court of Montgomery County.

Decided November 26, 1969.


Attorney(s) appearing for the Case

Mr. John Kessler, for plaintiff.

Mr. Selwyn C. Jackson, for defendant.


BRENTON, J.

Defendant, Henry, was indicted for unlawful possession of narcotic drugs. Upon his plea of not guilty the cause was tried to the court, a jury having been waived.

The sole issue has to do with the admissibility of the incriminating evidence, to wit: heroin. The issue was first raised, tried and decided adversely on Henry's motion to suppress. The court permitted the issue to be retried and the matter has been again submitted upon all the evidence...

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