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OWENS v. CAMPBELL

No. 70-597.

27 Ohio St. 2d 264 (1971)

[THE STATE, EX REL.] OWENS, APPELLANT, v. CAMPBELL, SHERIFF, APPELLEE.

Supreme Court of Ohio.

Decided July 21, 1971.

Attorney(s) appearing for the Case

Miss Dorothy D. Bergmann, for appellant.

Mr. James V. Barbuto, prosecuting attorney, and Mr. Harold K. Stubbs, for appellee.

SCHNEIDER, J.

Presented is a substantive proposition interwoven with a procedural question. The latter is the more compelling for the reason that the Supreme Court of the United States has written a prescription for the solution of the former in Ashe v. Swenson (1970), 397 U.S. 436, 25 L. Ed. 2d 469, 90 S.Ct. 1189. It remains for us to apply the law of that case to the instant record and to decide whether appellant's choice...

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