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STATE v. HUTH

No. 85-1965.

24 Ohio St. 3d 114 (1986)

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

Supreme Court of Ohio.

Decided June 18, 1986.

Attorney(s) appearing for the Case

Thomas R. Boley, chief prosecutor, for appellee.

Herbert, Treadon, Benson & Frieg and John H. Frieg, for appellant.

WRIGHT, J.

This case requires a construction of R.C. 4549.14 and Evid. R. 601(C). R.C. 4549.14 provides:

"Any officer arresting, or participating or assisting in the arrest of, a person charged with violating the motor vehicle or traffic laws of this state, provided the offense is punishable as a misdemeanor, such officer being on duty exclusively or for the main purpose of enforcing such laws, is incompetent to testify as a witness in any prosecution...

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