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STATE v. JAMES

No. 4033.

41 Ohio App. 2d 248 (1974)

THE STATE OF OHIO, APPELLEE, v. JAMES, APPELLANT.

Court of Appeals of Ohio, Montgomery County.

Decided October 30, 1974.

Attorney(s) appearing for the Case

Mr. Lee C. Falke, prosecuting attorney, and Mr. Randal A. Anderson, Jr., for appellee.

Mr. John W. Kessler, for appellant.

CRAWFORD, P. J.

The defendant, Frank James, and the decedent, Lula Frey, lived at 713 Westwood Avenue in Dayton.They had an argument there on April 15, 1969. Lula Frey then called the police, who arrived at about 12:45 a. m., and left with them.

The next day, April 16. 1969, decedent was in the house at 713 Westwood talking on the telephone to the police dispatcher and, while she was holding the telephone,...

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