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STATE, EX REL. SUSI v. FLOWERS

No. 74-892.

43 Ohio St. 2d 11 (1975)

[THE STATE, EX REL.] SUSI ET AL., APPELLANTS, v. FLOWERS, JUDGE, COURT OF COMMON PLEAS OF FRANKLIN COUNTY, APPELLEE.

Supreme Court of Ohio.

Decided July 2, 1975.

Attorney(s) appearing for the Case

Messrs. Tyack, Scott & Colley and Mr. Thomas M. Tyack, for appellants.

Mr. George C. Smith, prosecuting attorney, and Mr. David J. Graeff, for appellee.

Per Curiam.

Appellants assert that their trial on the pending charge is barred by the double jeopardy clauses of the Ohio and federal constitutions, citing Ashe v. Swenson (1970), 397 U.S. 436, and Owens v. Campbell (1971), 27 Ohio St.2d 264.

In Ashe, the petitioner and three others were arrested for robbing, and stealing a car from, a group...

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