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STATE v. O'HARA

No. 1450.

1 Ohio App. 3d 50 (1980)

THE STATE OF OHIO, APPELLEE, v. O'HARA, APPELLANT.

Court of Appeals of Ohio, Tuscarawas County.

Decided December 23, 1980.

Attorney(s) appearing for the Case

Mr. Ronald L. Collins, prosecuting attorney, and Mr. Scott J. Mastin, for appellee.

Mr. Terry J. McGonegal, for appellant.

MCKEE, J.

The defendant-appellant, Wesley D. O'Hara, was convicted on May 2, 1980, of breaking and entering under R.C. 2911.13. On May 16, 1980, the Court of Common Pleas of Tuscarawas County granted a new trial as the court felt it had erred in failing to five a charge on the lesser included offense of trespass under R.C. 2911.21. At the time the new trial was granted the court assigned the second trial for May 21, 1980. On May 19, 1980, the defendant filed a motion...

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