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STATE v. STARK

No. 10072.

9 Ohio App. 2d 42 (1966)

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

Court of Appeals of Ohio, Hamilton County.

Decided November 21, 1966.

Attorney(s) appearing for the Case

Mr. Melvin Rueger and Mr. D. G. Montfort, for appellee.

Miss Mae L. Finkbeiner, for appellant.

HOVER, J.

Defendant appeals from an order of the court below denying her application to take the deposition of a witness in a criminal case. On the basis of the record before us it appears that the witness is material, possibly even necessary to the defendant's case, and that the witness is in military service in South Viet Nam and not amenable to the ordinary subpoena procedures. This court would ordinarly not be authorized...

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