STATE v. ALLEN

No. 99-CR-0243.

102 Ohio Misc.2d 7 (1999)

The STATE of Ohio v. ALLEN.

Court of Common Pleas of Ohio, Montgomery County.

Decided September 30, 1999.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Montgomery County, Prosecuting Attorney, and Sandra Hobson, Assistant Prosecuting Attorney, for the state.

Jonathan Freeman, for the defendant.


JEFFREY E. FROELICH, Judge.

A uniformed Dayton Police Officer noticed the defendant, Michael L. Allen, and a companion standing behind a utility building on the grounds of Parkside Homes, a Dayton Metropolitan Housing Authority ("DMHA") public housing project. As the officer rode his bike closer, he observed the defendant holding an open container of what the officer believed from his experience to be a 40-ounce container of beer.

Such, activity by the defendant...

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