STATE v. THOMAS

No. 79-207.

61 Ohio St. 2d 223 (1980)

THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE, v. THOMAS ET AL., APPELLEES AND CROSS-APPELLANTS; RIEDER, CROSS-APPELLANT.

Supreme Court of Ohio.

Decided February 13, 1980.


Attorney(s) appearing for the Case

Mr. Richard E. Bridwell, prosecuting attorney, for the State of Ohio.

Mr. William W. Lamkin, for Oscar Thomas, Tory J. Gainer and Richard A Rieder.

Mr. Thomas J. Livingston, for Tory J. Gainer.


HOLMES, J.

I.

Appellant, state of Ohio, argues that the Court of Appeals erred in reversing the convictions of defendantsappellees, Thomas and Gainer, for noncompliance with Crim. R. 23 (B), which, in part, provides that "[i]n misdemeanor cases juries shall consist of eight." Appellant urges this court to avoid a rigid and inflexible interpretation of Crim. R. 23 (B), and argues that the rule must be read in light of the liberal joinder provisions...

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