STATE v. BROWN

No. C-870212.

43 Ohio App. 3d 39 (1988)

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

Court of Appeals of Ohio, Hamilton County.

Decided February 24, 1988.


Attorney(s) appearing for the Case

Arthur M. Ney, Jr., prosecuting attorney, Christian J. Schaefer, Patrick T. Dinkelacker and Mark Piepmeier, for appellee.

James M. Rueger, for appellant.


BLACK, J.

The dispositive question in this appeal is whether the statute barring prosecutions of felonies (other than aggravated murder or murder), unless commenced within six years, R.C. 2901.13, is a statute of repose so that a court has no jurisdiction over the prosecution of a felony six years after it was committed, or a statute setting forth limitations of time within which a prosecution must be commenced, the effect of which can be waived by a defendant by...

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