STATE v. VAN DYNE

No. 84AP-731.

26 Ohio App. 3d 95 (1985)

THE STATE OF OHIO, APPELLEE, v. VAN DYNE, APPELLANT.

Court of Appeals of Ohio, Franklin County.

Decided August 6, 1985.


Attorney(s) appearing for the Case

Gregory S. Lashutka, city attorney, Ronald J. O'Brien, city prosecutor, and David E. Tingley, for appellee.

William H. Truax, for appellant.


MOYER, J.

This matter is before us on the appeal of defendant-appellant, J. Elliott Van Dyne, from a judgment of the Franklin County Municipal Court finding him guilty on his no contest plea of violating R.C. 4301.62.

The undisputed facts indicate that defendant was cited for possessing an opened container of beer, which contained 3.7 percent alcohol by weight, when he was standing on a public sidewalk in German Village, several feet from his home. When defendant...

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