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STATE v. BERNATH

No. F-81-9.

3 Ohio App. 3d 229 (1981)

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

Court of Appeals of Ohio, Fulton County.

Decided September 25, 1981.

Attorney(s) appearing for the Case

Mr. William Swigart, prosecuting attorney, and Mr. Michael J. Bumb, for appellant.

Mr. David P. Rupp, Jr., and Mr. James Hensal, for appellee.

POTTER, J.

Defendant-appellee was indicted in the Court of Common Pleas of Fulton County for one count of aggravated trafficking in drugs, contrary to and in violation of R.C. 2925.03(A)(3), to wit, cultivation of marijuana. The defendant-appellee, Gary Bernath, rented and farmed land in Fulton County. On one portion of his rented farm he had a marijuana patch approximately two hundred fifty feet by eight feet, which patch was approximately three hundred feet from...

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