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STATE v. SCHWING

No. 74-375.

42 Ohio St. 2d 295 (1975)

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

Supreme Court of Ohio.

Decided May 21, 1975.

Attorney(s) appearing for the Case

Mr. James J. Hughes, Jr., city attorney, Mr. Daniel W. Johnson and Ms. Phyllis F. Kunkler, for appellee.

Mr. Robert P. App, for appellant.

CORRIGAN, J.

Appellant's first, second and fourth propositions of law are directed to his conviction under former R. C. 2905.301. Appellant's third proposition of law deals with the constitutionality of former R. C. 3761.11 and will be discussed separately.

I.

Appellant maintains, in proposition of law No. 1, that the trial court's instruction, removing from the jury the question of fact as...

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