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STATE v. SMITH

No. C73099.

39 Ohio App. 2d 190 (1974)

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

Court of Appeals of Ohio, Hamilton County.

Decided January 28, 1974.

Attorney(s) appearing for the Case

Mr. Simon L. Leis, Jr., prosecuting attorney, and Mr. Ronald A. Panioto for appellee.

Mr. Maury M. Tepper and Mr. Eugene Sidney Bayer, for appellant.

DONOFRIO, J.

This is an appeal from a conviction for possession of a narcotic drug for sale, in violation of the R. C. 3719.20. This was a second trial of the defendant, appellant herein, on the same charge.

The defendant was arrested on March 25, 1972, at a motel in Hamilton County, Ohio, and was charged, along with a codefendant, Frisco J. Blackburn. The first trial of this matter was tried to a jury. That jury found Mr. Blackburn guilty as charged, but...

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