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STATE v. ECHELBARGER

No. 77-CR-B-203.

54 Ohio Misc. 29 (1977)

THE STATE OF OHIO v. ECHELBARGER.

Fostoria Municipal Court.

Decided November 29, 1977.

Attorney(s) appearing for the Case

Mr. James Granecki, city prosecutor, for plaintiff.

Mr. Thomas Bryant, for defendant.

PEPPLER, J.

The defendant moves for a dismissal of the complaint for the reason that the statute underlying the complaint is facially unconstitutional. The complaint alleges that the defendant "* * * did unlawfully and recklessly inconvenience, annoy, or alarm Joyce Carr by engaging in violent and turbulent behavior * * *." The statute in question is R. C. 2917.11(A), which, as it pertains to this action, reads:

"(A) No person shall recklessly cause inconvenience...

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