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STATE v. SHINGLES

Nos. 7484, 7486, 7487, 7488 and 7489.

46 Ohio App. 2d 1 (1974)

THE STATE OF OHIO, APPELLANT, v. SHINGLES, APPELLEE. (TWO CASES.) THE STATE OF OHIO, APPELLANT, v. POWERS ET AL., APPELLEES. THE STATE OF OHIO, APPELLANT, v. POWERS, APPELLEE. (TWO CASES.)

Court of Appeals of Ohio, Summit County.

Decided November 27, 1974.

Attorney(s) appearing for the Case

Mr. James L. Burdon, for appellees.

Mr. Stephan M. Gabalac, prosecutor, and Mr. Frederic L. Zuch, for appellant.

MAHONEY, J.

These cases are before this court upon an appeal by the state of Ohio, pursuant to Crim. R. 12(J). The trial court ordered the suppression of evidence seized, pursuant to two search warrants which the court found defective, as not having been "sworn to" before a judge, pursuant to Crim R. 41(C). They were, in fact, "sworn to" before a notary public.

The state has appealed, contending that such a defect...

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