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STATE v. MURPHY

No. 88-734.

49 Ohio St. 3d 206 (1990)

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

Supreme Court of Ohio.

Decided March 7, 1990.

Attorney(s) appearing for the Case

Michael Miller, prosecuting attorney, Patrick E. Sheeran and Allan C. Travis, for appellee.

James Kura, county public defender, and Paul Skendelas, for appellant.

Randall M. Dana, public defender, Gregory L. Ayers and Barbara A. Farnbacher, urging reversal for amicus curiae, the Ohio Public Defender Commission.

ALICE ROBIE RESNICK, J.

The issue before this court is whether the firearm specification in R.C. 2929.71 can be proven beyond a reasonable doubt without actually presenting scientific or direct evidence as to the operability of the firearm. This court recently held in State v. Gaines (1989), 46 Ohio St.3d 65, 545 N.E.2d 68, at the syllabus, that "R.C. 2923.11...

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