STATE v. MITCHELL

No. 74-218.

42 Ohio St. 2d 447 (1975)

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

Supreme Court of Ohio.

Decided June 11, 1975.


Attorney(s) appearing for the Case

Mr. Thomas A. Luebbers, city solicitor, Mr. Paul J. Gorman and Ms. Dolores J. Hilebrandt, for appellant.


PAUL W. BROWN, J.

The single issue presented by this appeal is whether a Municipal Court, while conducting a preliminary hearing in a felony case, may entertain and grant a motion to suppress evidence as illegally obtained. The Court of Appeals held that such a motion was proper. We reverse.

Crim. R. 12(B)(3) provides:

"Any defense, objection, or request which is capable of determination without the trial of the general issue may be raised before trial...

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