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VARGAS v. METZGER

No. 73-75.

35 Ohio St. 2d 116 (1973)

VARGAS, APPELLANT, v. METZGER, SHERIFF, APPELLEE.

Supreme Court of Ohio.

Decided July 3, 1973.

Attorney(s) appearing for the Case

Mr. Jeffrey I. Goldstein and Mr. Peter J. Wagner, for appellant.

Mr. Harry Friberg, prosecuting attorney, and Mr. Charles J. Doneghy, for appellee.

Per Curiam

The reasoning upon which appellant's claim of illegal confinement is based begins with the conclusion that the effect of Furman v. Georgia (1972), 408 U.S. 238, renders void Ohio's first degree murder statute, R. C. 2901.012, in its entirety.

Although Furman is difficult to interpret, since in that decision nine justices wrote variously in concurrence and dissent...

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