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STATE v. TOLBERT

No. 90-666.

60 Ohio St. 3d 89 (1991)

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

Supreme Court of Ohio.

Decided June 5, 1991.

Attorney(s) appearing for the Case

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

Sand & Stidham and Chuck R. Stidham, for appellee.

HOLMES, J.

The single issue presented is whether Tolbert's conviction on the lesser included offense prevents the state from later prosecuting him on the greater offense because of the protection against double jeopardy of the Fifth Amendment to the United States Constitution. For the reasons that follow, we answer such query in the negative.

In Benton v. Maryland (1969), 395 U.S. 784, 794, the United States Supreme...

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