STATE v. FERMAN

No. 78-736.

58 Ohio St. 2d 216 (1979)

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

Supreme Court of Ohio.

Decided May 18, 1979.


Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, Mr. William E. Breyer and Mr. Claude N. Crowe, for appellant.

Messrs. Gould, Reichert & Strauss, Mr. Thomas M. Gould, Rubenstein & Rubenstein Co., L. P. A., and Mr. Jack C. Rubenstein, for appellee.


Per Curiam.

We must reverse the Court of Appeals. At the time this matter was before it, the Court of Appeals did have the discretion, based upon the facts presented in a given cause, to grant or to deny the motion by the state for leave to appeal the trial court's order granting the motion to suppress. State v. Hughes and State v. Wallace, supra, However, such discretion would have had to be exercised in accordance with other pertinent...

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