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STATE v. SLATTER

No. 80-852.

66 Ohio St. 2d 452 (1981)

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

Supreme Court of Ohio.

Decided June 24, 1981.

Attorney(s) appearing for the Case

Mr. David Frey, prosecuting attorney, for appellant.

Messrs. Lavelle & Goldsberry and Mr. Michael A. Likavec, for appellee.

WILLIAM B. BROWN, J.

Appellant asserts, as its sole proposition of law, that "R. C. 2935.26, insofar as it conflicts with Rules 3, 4, and 4.1 of the Ohio Rules of Criminal Procedures [sic] is in violation of Article IV, Section 5(B) of the Ohio Constitution."

Article IV, Section 5(B) of the Ohio Constitution, provides, in part: "The Supreme Court shall prescribe rules governing practice and procedure, in all courts of the State, which rules shall not abridge...

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