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STATE v. GAUL

No. 70131.

117 Ohio App.3d 839 (1997)

The STATE of Ohio, Appellee, v. GAUL, Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided March 31, 1997.

Attorney(s) appearing for the Case

Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, Ronald K. Riley, David Hildebrand and Cathie T. Chancellor, Assistant Prosecuting Attorneys, for appellee.

Berkman, Gordon, Murray & DeVan, Mark R. DeVan and Steven D. Shafron, for appellant.

MILLIGAN, Judge.

We reverse the criminal conviction of the defendant-appellant, Francis E. Gaul, the Treasurer of Cuyahoga County.

We hold that Gaul cannot be convicted of the crime of dereliction in his official duties because (1) the county prosecutor has not charged him with violating statutes making his alleged mismanagement a crime, and (2) the state did not produce any evidence that Gaul failed to safekeep...

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