STATE v. MANLEY

No. 93-1147.

71 Ohio St.3d 342 (1994)

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

Supreme Court of Ohio.

Decided December 23, 1994.


Attorney(s) appearing for the Case

Gary R. Hermon, Allen County Assistant Prosecuting Attorney, for appellant.

Marc S. Triplett, for appellee.

Lee Fisher, Attorney General, and Simon B. Karas, Deputy Chief Counsel, urging reversal for amicus curiae, Lee Fisher.


ALICE ROBIE RESNICK, J.

The sole issue presented for our review concerns the proof necessary to establish that a drug transaction occurred in the vicinity of a school premises. At the time of the offense, R.C. 2925.031 read as follows:

"(A) No person shall knowingly do any of the following:

"* * *

"(5) Sell or offer to sell a controlled substance in an amount equal...

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