STATE v. SWARTZ

No. L-80-144.

70 Ohio App. 2d 162 (1980)

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

Court of Appeals of Ohio, Lucas County.

Decided November 28, 1980.


Attorney(s) appearing for the Case

Mr. Anthony G. Pizza, prosecuting attorney, Mr. James D. Bates and Ms. Julia A. Griffis, for appellant.

Messrs. Connelly, Soutar & Jackson, Mr. William M. Connelly and Mr. James D. Caruso, for appellee.


BROWN, J.

The state appeals a final order of the Court of Common Pleas of Lucas County granting defendant-appellee's pretrial motion in limine. The motion sought to preclude the state from making any reference during trial to Section 32-2-1 of the Toledo Municipal Code. The motion in limine was predicated upon the alleged unconstitutionality of the ordinance.

On September 22, 1979, Jill Powers, Cindy Clark and John Flores were in a Chevrolet...

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