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STATE v. ARNETT

No. 85-901.

22 Ohio St. 3d 186 (1986)

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

Supreme Court of Ohio.

Decided February 26, 1986.

Attorney(s) appearing for the Case

Lynn Alan Grimshaw, prosecuting attorney, and R. Randolph Rumble, for appellant.

Roger L. Clark and Joseph Hale, for appellee.

WRIGHT, J.

The sole issue raised in this appeal is whether the state may seek leave to appeal an order under R.C. 2945.67 after a jury has returned a verdict of acquittal. R.C. 2945.67(A) provides:

"A prosecuting attorney * * * may appeal by leave of the court to which the appeal is taken any other decision, except the final verdict, of the trial court in a criminal case * * *." (Emphasis added.)

A comparable situation was presented to...

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