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STATE v. CLAY

Nos. 2007-1802 and 2007-1852.

120 Ohio St.3d 528 (2008)

2008-Ohio-6325

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

Supreme Court of Ohio.

Decided December 11, 2008.

Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecuting Attorney, and Thorin Freeman, Assistant Prosecuting Attorney, for appellee.

Robert L. Tobik, Cuyahoga County Public Defender, and Cullen Sweeney, Assistant Public Defender, for appellant.

LUNDBERG STRATTON, J.

I. Introduction

{¶ 1} The appellant was convicted of having a weapon while under a disability under R.C. 2923.13(A)(3) because he was "under indictment" on drug charges at the time he possessed a weapon. The question before this court is "[w]hether knowledge of the pending indictment is required for a conviction for having a weapon under disability pursuant to R.C. 2923.13(A)(3) when the disability is...

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