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STATE v. RADAR

No. 88-1803.

47 Ohio St. 3d 112 (1989)

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

Supreme Court of Ohio.

Decided December 13, 1989.

Attorney(s) appearing for the Case

Arthur M. Ney, Jr., prosecuting attorney, L. Susan Laker and David L. Prem, for appellant.

H. Fred Hoefle, for appellee.

This cause came before this court upon the certification of the court of appeals that its judgment conflicted with the judgment of the Court of Appeals for the Fifth District in State v. Howell (1981), 5 Ohio App.3d 92, 5 OBR 206, 449 N.E.2d 523, upon the following question:

"* * *[W]hether a judgment may be reversed and the cause remanded when a trial court errs in granting a motion to amend the indictment...

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