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STATE v. WALLER

No. 76-12.

47 Ohio St. 2d 52 (1976)

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

Supreme Court of Ohio.

Decided July 14, 1976.

Attorney(s) appearing for the Case

Mr. Thomas A. Luebbers, city solicitor, Mr. Paul J. Gorman, and Mr. Robert H. Johnstone, Jr., for appellant.

Mr. Robert S. Wynn, for appellee.

STEPHENSON, J.

This appeal squarely presents, for the first time in this court, the issue of the constitutionality of Crim. R. 12(J) upon which appellant solely relied in perfecting its appeal to the Court of Appeals.1 The presentation of such issue to this court was foreshadowed by the decision of this court in State v. Hughes (1975), 41 Ohio St.2d 208. In Hughes, the syllabus...

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