STATE v. SMALL

No. 52679.

41 Ohio App. 3d 252 (1987)

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

Court of Appeals of Ohio, Cuyahoga County.

Decided October 19, 1987.


Attorney(s) appearing for the Case

John T. Corrigan, prosecuting attorney, and Jack Hudson, for appellant.

Thomas Wagner, for appellee.


PATTON, J.

This is an appeal by the state of Ohio from an order of the Cuyahoga County Common Pleas Court dismissing an indictment that charged defendant-appellee, Keith Small, with one count of aggravated murder, in violation of R.C. 2903.01. The following facts give rise to this appeal.

Small was originally indicted in case No. CR-204052 for the aggravated murder of Kenneth Wahl. Small was arrested in Amarillo, Texas on October 30, 1985 and was returned...

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