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STATE v. BUTLER

No. 40361.

11 Ohio St. 2d 23 (1967)

THE STATE OF OHIO, APPELLANT, v. BUTLER ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 28, 1967.

Attorney(s) appearing for the Case

Mr. Norman J. Putman, prosecuting attorney, and Mr. David D. Dowd, Jr., for appellant.

Mr. Vincent Bernabei and Mr. Harry W. Schmuck, for appellees.

STRAUB, J.

The discussion and the determination of the issues presented herein necessarily involve reference to State v. Patterson, 172 Ohio St. 319, decided in June 1961. The facts in the instant causes and the facts in the Patterson case are practically indentical and all arose in Stark County, Ohio.

In Patterson, the codefendants, Patterson and Bradley, were indicted under Section 2901...

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