STATE, EX REL. YATES, v. COURT OF APPEALS FOR MONTGOMERY CTY.

No. 86-743.

32 Ohio St. 3d 30 (1987)

THE STATE, EX REL. YATES, v. COURT OF APPEALS FOR MONTGOMERY COUNTY.

Supreme Court of Ohio.

Decided August 12, 1987.


Attorney(s) appearing for the Case

Kurt R. Portmann, county public defender, and Paul M. Courtney, for relator.

Anthony J. Celebrezze, Jr., attorney general, and David E. Northrop, for respondent.


HERBERT R. BROWN, J.

The central issue is whether the judgment of acquittal, entered by the trial court pursuant to Crim. R. 29(C), is a final verdict within the meaning of R.C. 2945.67. For the reasons which follow, we hold that it is and that, consequently, the state could not appeal therefrom. We further hold that the writ of prohibition should be granted to prevent the court of appeals from exercising jurisdiction.

I

R.C. 2945.67, in pertinent...

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