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STATE v. VOGELSONG

Nos. 91AP-1282, 91AP-1283.

82 Ohio App.3d 354 (1992)

The STATE of Ohio, Appellee, v. VOGELSONG, Appellant. The STATE of Ohio, Appellee, v. VOGELSONG'S, INC., Appellant.

Court of Appeals of Ohio, Franklin County.

Decided September 3, 1992.

Attorney(s) appearing for the Case

Lee Fisher, Attorney General, John A. Guthrie and Barbara J. Petrella, Assistant Attorneys General, for appellee.

Kimble, Stevens, Young, Clark & Rodeheffer and Steven C. Rodeheffer, for appellants.

WHITESIDE, Judge.

Defendants appeal from their conviction of Medicaid fraud in violation of R.C. 2913.40(B). Case No. 91AP-1282 involves defendant James D. Vogelsong, R.Ph., personally, whereas case No. 91AP-1283 involves a corporation through which he operated Vogelsong's Family Pharmacy. A jury trial ensued with the jury finding both defendants guilty of Medicaid fraud. In support of their appeals, defendants raise two assignments of error as follows:

"1...

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