Legal Opinion

State v. Hedelsky

Ohio Court of Appeals

Decided December 20, 1985No. E-85-15 and -16Published

1Opinion of the CourtResnick, J.

These consolidated cases are before the court on appeal from judgments of the Erie County Court of Common Pleas, wherein that court granted appellees’ motions to dismiss.

Appellant filed timely notices of appeal and asserts the following assignment of error as to both causes:

“The trial court erred in granting the appellees’ motions to dismiss the indictments based on the constitutional prohibition against double jeopardy; violations of O.R.C. § 2925.11, involving the possession of marijuana and Wallace 2403 Soma compound w/16mg. codeine, do not constitute the same offense as violations of…

2Cases cited5 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Waller v. FloridaSupreme Court of the United States · 1970
  3. State v. ThomasOhio Supreme Court · 1980
  4. United States v. Morris O'Neal DavisCourt of Appeals for the Fifth Circuit · 1981
  5. State v. StrattonOhio Court of Appeals · 1982

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