STATE v. BUCKINGHAM

Nos. 79-620 and 79-803.

62 Ohio St. 2d 14 (1980)

THE STATE OF OHIO, APPELLANT, v. BUCKINGHAM, APPELLEE. THE STATE OF OHIO, APPELLANT, v. ONGELL, APPELLEE.

Supreme Court of Ohio.

Decided April 2, 1980.


Attorney(s) appearing for the Case

Mr. Lee E. Fry, prosecuting attorney, and Mr. Mark E. Heggie, for appellant in case No. 79-620.

Mr. Lee C. Falke, prosecuting attorney, and Mr. Gary W. Crim, for appellant in case No. 79-803.

Messrs. Goubeaux & Goubeaux, Mr. James J. Goubeaux and Mr. Eric H. Brand, for appellee in case No. 79-620.

Mr. Kurt R. Portmann and Mr. Steven M. Cox, for appellee in case No. 79-803.


WILLIAM B. BROWN, J.

To decide these causes we must determine the conditions under which a Court of Appeals has jurisdiction to entertain the state's appeal from a trial court decision in a criminal case granting defendant's pre-trial motion to suppress evidence. Since R. C. 2945.67 provides that such an appeal may be prosecuted as a matter of right,1 our inquiry is confined to the limitations...

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