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STATE v. LEARY

No. 5-75-19.

47 Ohio App. 2d 1 (1975)

THE STATE OF OHIO, APPELLANT, v. LEARY ET AL., APPELLEES.

Court of Appeals of Ohio, Hancock County.

Decided November 12, 1975.

Attorney(s) appearing for the Case

Mr. J. Stanley Needles, for appellant.

Messrs. O'Brien & Bauer, for appellees.

COLE, P. J.

This appeal involves the appropriate procedure for a prosecutor's appeal from an order granting a motion to suppress evidence pursuant to the provisions of the Criminal Rules and the statutory provisions of R. C. 2945.68 et seq.

Criminal Rule 12(J) purported to create for the state an appeal "as of right" in two cases: (a) from the granting of a motion for the return of seized property and (b) from...

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