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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