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SMITH v. SHEETER

Civ. A. No. 75-169.

402 F.Supp. 624 (1975)

Pamela SMITH, Petitioner, v. Honorable Franklin SHEETER, Judge, Respondent.

United States District Court, S. D. Ohio, E. D.

August 5, 1975.

Attorney(s) appearing for the Case

Robert K. Handelman, Columbus, Ohio, for petitioner.

Gerald A. Mollica, Athens, Ohio, for respondent.

OPINION AND ORDER

DUNCAN, District Judge.

Petitioner Pamela Smith was convicted after a jury trial in the Athens County Municipal Court of a violation of Section 2923.61 (A) (1) of the Ohio Revised Code.1 Prior to trial petitioner filed a motion to quash the affidavit contending that R.C. 2923.61 et seq. was unconstitutional in derogation of the First and Fourteenth Amendments to the United States Constitution. The motion...

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