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STATE v. THOMAS

No. 79-437.

61 Ohio St. 2d 254 (1980)

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

Supreme Court of Ohio.

Decided February 20, 1980.

Attorney(s) appearing for the Case

Mr. Lee C. Falke, prosecuting attorney, and Mr. Gary W. Crim, for appellee.

Mr. Kurt R. Portmann and Mr. Steven M. Cox, for appellant.

HOLMES, J.

The procedural issue presented by this appeal is whether the overruling of a motion to dismiss for former jeopardy constitutes a final appealable order. If we determine that it does, we must then address the substantive issue of whether the prosecution of appellant for involuntary manslaughter is barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, or by Section 10...

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