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STATE v. ROBERTS

Nos. 79-838 and 79-931.

62 Ohio St. 2d 170 (1980)

THE STATE OF OHIO, APPELLANT AND APPELLEE, v. ROBERTS, APPELLEE AND APPELLANT.

Supreme Court of Ohio.

Decided May 14, 1980.

Attorney(s) appearing for the Case

Mr. John T. Corrigan, prosecuting attorney, and Mr. George J. Sadd, for the state of Ohio.

Mr. Thomas M. Shaughnessy, Mr. Jay B. White, Mr. James R. Willis, and Mr. William L. Summers, for defendant Roberts.

I.

HERBERT, J.

In case No. 79-838, the state argues that defendant's conviction for the possession of a narcotic drug for sale was erroneously set aside by the Court of Appeals. In essence, the state's assertion is founded upon the proposition that the offenses of possession of a narcotic drug for sale, R. C. 3719.20(A),1 and the sale of a narcotic drug, R. C. 3719.20(B),2 were not in this cause ...

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