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STATE v. MONTGOMERY

No. C-800977.

3 Ohio App. 3d 280 (1982)

THE STATE OF OHIO, APPELLEE, v. MONTGOMERY ET AL., APPELLANTS.

Court of Appeals of Ohio, Hamilton County.

Decided January 6, 1982.

Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, Mr. William E. Breyer and Mr. Claude E. Crowe, for appellee.

Messrs. Rimedio & Walk and Mr. Rodger Walk, for appellant Curtis Lee Montgomery.

Messrs. Sirkin, Pinales & Schwartz and Mr. H. Louis Sirkin, for appellant John A. Phipps.

Per Curiam.

This cause came on to be heard upon an appeal from the Court of Common Pleas of Hamilton County.

Defendants were indicted along with co-defendant, Angela Ballew, for selling schedule II controlled substances in violation of R.C. 2925.03(A)(7). Angela Ballew decided to testify for the state, and her attorney gave law enforcement personnel a written statement of her proposed testimony. The prosecutor failed to disclose the existence of the...

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