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STATE EX REL. CITY OF COLUMBUS v. BOYLAND

No. 78-1428.

58 Ohio St. 2d 490 (1979)

THE STATE, EX REL. CITY OF COLUMBUS ET AL., v. BOYLAND, JUDGE.

Supreme Court of Ohio.

Decided June 27, 1979.

Attorney(s) appearing for the Case

Mr. Gregory S. Lashutka, city attorney, Mr. Ronald J. O'Brien and Mr. Michael J. Morrissey, for relators.

Mr. George C. Smith, prosecuting attorney, Mr. Richard W. Siehl, Mr. Barry D. Levy and Mr. R. William Meeks, for respondent.

LOCHER, J.

The singular issue presented to this court in the instant action is whether that portion of Crim R. 23(B) which deals with the number of jurors in misdemeanor trials violates the Ohio Constitution.1 Respondent maintains that the Ohio Constitution, as interpreted by this court, requires that a jury must consist of 12 members, while Crim. R. 23(B) requires only eight members in trials involving misdemeanors.

Respondent...

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