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STATE v. KENNEY

Nos. 20743B, 20743A and 21199.

45 Ohio Misc. 33 (1975)

THE STATE OF OHIO v. KENNEY. THE STATE OF OHIO v. KASKA. THE STATE OF OHIO v. KOTOWSKI.

Court of Common Pleas of Cuyahoga County.

Decided October 23, 1975.

Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, Mr. Michael S. Nolan and Mr. Edward J. Sullivan, for plaintiff.

Mr. Thomas M. Shaughnessy, Mr. James F. Shannon, Mr. Ralph A. McAllister and Mr. Arthur V. Falk, for defendants.

MCMONAGLE, J.

Each of these cases involves an interpretation of and the application of Crim. R. 5(B). This provides as follows:

"(B) Preliminary hearing in felony cases; procedure.

"(1) In felony cases a defendant is entitled to a preliminary hearing unless waived in writing. If the defendant waives preliminary hearing, the judge shall forthwith order the defendant bound over to the court of common pleas. If the defendant does not waive the preliminary...

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