STATE v. STEWART

Nos. 95878 and 95879.

31 Ohio Misc. 34 (1971)

THE STATE OF OHIO v. STEWART.

Hamilton County Court of Common Pleas, Criminal Division.

Decided December 20, 1971.


Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, and Mr. Irvin A. Meserth, assistant prosecuting attorney, for plaintiff.

Mr. Earl T. Wagner, for defendant.


KRAFT, J.

On December 21, 1970, the defendant pled guilty to grand larceny and illegal possession of a hypodermic needle and on February 26, 1971, he was sentenced to the Ohio State Penitentiary.

On April 12, 1971, the defendant filed a motion to suspend further execution of the sentence under the shock statute, R. C. 2947.061, which was argued by defendant's trial counsel and denied.

On June 21, 1971, the defendant filed a petition "for court probation...

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