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STATE v. MONTGOMERY

No. 89-70.

61 Ohio St.3d 410 (1991)

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

Supreme Court of Ohio.

Decided August 14, 1991.

Attorney(s) appearing for the Case

Anthony G. Pizza, Prosecuting Attorney, James D. Bates, Lawrence J. Kiroff and Dean P. Mandross, for appellee.

Randall M. Dana, Public Defender, David C. Stebbins, Kathleen A. McGarry and Sharon H. Hainley, for appellant.

Cynthia Tincher and Debra Ogle shared an apartment on Hill Avenue in Toledo, Ohio. On March 8, 1986, at approximately 6:00 a.m., Glover Heard and appellant William T. Montgomery arrived at the Hill Avenue apartment and Ogle, who knew appellant, agreed to drive the two men to appellant's residence. Thus, Ogle, Glover and appellant left the apartment in Ogle's vehicle.

At appellant's request, Ogle stopped the vehicle on...

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