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STATE v. HERDER

No. 78AP-734.

65 Ohio App. 2d 70 (1979)

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

Court of Appeals of Ohio, Franklin County.

Decided June 26, 1979.

Attorney(s) appearing for the Case

Mr. Gregory S. Lashutka, city attorney, Mr. Ronald J. O'Brien, city prosecutor, and Mr. David E. Tingley, for appellee.

Messrs. Britt, Graf, Campbell & Nagel and Mr. Tom H. Nagel, for appellant.

WHITESIDE, J.

Defendant-appellant, Fritz Herder, appeals from his conviction of trespass in the Franklin County Municipal Court and raises three assignments of error, as follows:

1. "The court below erred in overruling the defense motions for acquittal."

2. "The court below erred in charging the jury that Shirley Herder was the only person who could give permission to enter the premises in question....

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