State v. Thomas

I

Appellant, state of Ohio, argues that the Court of Appeals erred in reversing the convictions of defendantsappellees, Thomas and Gainer, for noncompliance with Crim. R. 23 (B), which, in part, provides that “[i]n misdemeanor cases juries shall consist of eight.” Appellant urges this court to avoid a rigid and inflexible interpretation of Crim. R. 23 (B), and argues that the rule must be read in light of the liberal joinder provisions of Crim. R. 8 (B). In response, appellees assert that the language of Crim. R. 23 (B) is mandatory in character. They also contend that the Court of Ap*225peals…