State v. Hughes

Appellant maintains in a single proposition of law that:

“The provisions of Ohio Revised Code, Section 2945.68, requiring the permission of the Court of Appeals before a bill of exceptions may be filed, are procedural in nature and are inconsistent with, and superseded by, the Rules of Appellate Procedure,, ’ ’

Appellant, in this case, filed a notice of appeal in the trial court pursuant to App. R. 4(B). App. R. 4(B) permits the prosecution to appeal as of right in criminal cases. This rule, as applicable to appeals by the prosecution, is in conflict with R. C. 2945.68.

R. C. 2945.68 permits a…