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STATE v. POTTS

Nos. 68-209, 68-217 and 68-223.

16 Ohio St. 2d 111 (1968)

THE STATE OF OHIO, APPELLEE, v. POTTS, APPELLANT. THE STATE OF OHIO, APPELLANT, v. KING, D. B. A. KING NEWS, APPELLEE. THE STATE OF OHIO, APPELLEE, v. STONE, APPELLANT.

Supreme Court of Ohio.

Decided December 31, 1968.

Attorney(s) appearing for the Case

Mr. Melvin G. Rueger, prosecuting attorney, and Mr. Frederick J. Cartolano, for the state of Ohio.

Mr. Morse Johnson and Mr. James L. Cobb, for appellant in case No. 68-209 and appellee in case No. 68-217.

Mr. James M. Stober and Mr. Richard D. Haney, for appellant in case No. 68-223.

Per Curiam.

The syllabus in State v. Ross, 12 Ohio St.2d 37, requires an indictment, which charges a violation of Section 2905.34, Revised Code, to go beyond the language of the statute and state the criminal element of intent to use, exhibit or sell the offending obscene material.

The indictment in the instant cases is identical in all material respects to that in Ross, and it therefore...

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