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STATE v. TATE

No. 79-3.

59 Ohio St. 2d 50 (1979)

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

Supreme Court of Ohio.

Decided July 11, 1979.

Attorney(s) appearing for the Case

Mr. Thomas A. Luebbers, city solicitor, Mr. Paul J. Gorman and Mr. Terrence R. Cosgrove, for appellee.

Messrs. Paxton & Seasougood and Mr. Donald J. Mooney, Jr., for appellant.

SWEENEY, J.

The issue presented by this appeal is whether appellant knowingly, intelligently and voluntarily waived his right to trial by jury.

The accused's right to be tried by a jury is secured in this state by Section 10, Article I of the Ohio Constitution2 and R. C. 2945.17.3 Since the potential, as well as the actual, penalty imposed for this misdemeanor...

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