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STATE v. GRIBBLE

No. 69-651.

24 Ohio St. 2d 85 (1970)

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

Supreme Court of Ohio.

Decided November 18, 1970.

Attorney(s) appearing for the Case

Mr. Fred V. Skok, prosecuting attorney, and Mr. Charles N. Delsantro, Jr., for appellant.

Mr. Mark F. McChesney, for appellee.

HERBERT, J.

The question presented by this appeal is whether, in order to establish a prima facie case on a charge of violating paragraph (D) of R. C. 5577.04, the state must offer proof of the axle spacing on the alleged offending vehicle, and offer proof that the scales used in weighing such vehicle were compared and sealed in accordance with the requirements of R. C. 4513.33. Under the instant record, we find the question of venue to be of secondary concern.

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