STATE v. McDONALD

No. 86-1376.

31 Ohio St. 3d 47 (1987)

THE STATE OF OHIO, APPELLANT, v. McDONALD ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 10, 1987.


Attorney(s) appearing for the Case

Stephen M. Stern, prosecuting attorney, for appellant.

Corabi & Corabi and Joseph M. Corabi, for appellees McDonald and DiAlbert.

Freifield, Bruzzese, Wehr & Moreland and Frank J. Bruzzese, for appellee Hribar.

Stern, Stern & Stern and James A. Stern, for appellees Kolakis and Connor.

R. Larry Schneider, prosecuting attorney, and John C. Heinkel, urging reversal for amicus curiae, Ohio Prosecuting Attorneys Assn.


MOYER, C.J.

The issue presented by this case is whether R.C. 2923.24 is constitutional on its face. The appellees' motions were filed prior to trial and there were no facts revealing the specific circumstances of the several counts in the indictments before the trial court at the time of its decision. Because the trial court expressly found the statute unconstitutional on its face, this opinion will address only that finding.

R.C. 2923.24 provides:

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