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STATE v. WALLACE

No. 74-653.

43 Ohio St. 2d 1 (1975)

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

Supreme Court of Ohio.

Decided July 2, 1975.

Attorney(s) appearing for the Case

Mr. William J. Brown, attorney general, and Mr. Frederic R. Kass, for appellant.

Messrs. Drake, Phillips, Goetz, Kuenzli & Clark and Mr. William E. Clark, for appellee.

PAUL W. BROWN, J.

In State v. Hughes (1975), 41 Ohio St.2d 208, this court held that App. R. 4(B) did not grant the state an appeal as of right in criminal cases. The holding was grounded upon our conclusion that the state's right of appeal was substantive, could originate only in a legislative grant, and that the grant apparent in R. C. 2945.67 through 2945.70 was dependent upon an application for leave to...

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