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CITY OF DAYTON v. HILL

Nos. 69-121 and 69-122.

21 Ohio St. 2d 125 (1970)

CITY OF DAYTON, APPELLANT, v. HILL, APPELLEE. CITY OF DAYTON, APPELLANT, v. SMITH, APPELLEE.

Supreme Court of Ohio.

Decided February 25, 1970.

Attorney(s) appearing for the Case

Mr. Lee C. Falke, prosecuting attorney, and Mr. John E. Breidenbach, for appellant.

Messrs. Goldman, Bogin & Fox, and Mr. W. I. Shaman, for appellees.

HERBERT, J.

At the outset, it should be noted that the allegation of denial of counsel (and the admission thereof for purposes of the demurrer) removes from these cases the question of res judicata, decided in State v. Perry (1967), 10 Ohio St.2d 175, 226 N.E.2d 104. It is also clear that the offense with which appellees were charged was such that they...

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