STATE v. KASNETT

No. 72-584.

34 Ohio St. 2d 193 (1973)

THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. KASNETT, APPELLEE AND CROSS-APPELLANT.

Supreme Court of Ohio.

Decided June 6, 1973.


Attorney(s) appearing for the Case

Mr. Gerald A. Mollica, city solicitor, Mr. Claire M. Ball, Jr., and Mr. Michael Nolan, for appellant and cross-appellee.

Messrs. Lavelle & Yanity and Mr. L. Alan Goldsberry, for appellee and cross-appellant.


PAUL W. BROWN, J.

At the outset, it must be observed that the majority of the Court of Appeals was anatomically in error in concluding that the flag was "over the anus"; and that the conclusion in the concurring opinion, that the young man sat on the flag, does not seem to be material to a charge of having a flag sewn on his pants pocket.

R. C. 2921.05 cannot be said to specifically prohibit the use of the flag as an article of clothing, as an attachment or...

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