State v. Brown

Peter B. Abele, Judge.

This is an appeal from a Ross County Common Pleas Court judgment dismissing the indictment against Tally Brown, defendant below and appellee herein. The trial court found that R.C. 2941.401 barred the state, plaintiff below and appellant herein, from prosecuting appellee for the indicted offense.

Appellant raises the following sole assignment of error for our review:

“The trial court erred in sustaining appellee’s motion to dismiss.”

Our review of the record reveals the following facts pertinent to the instant appeal. On December 16, 1994, the Ross County Grand Jury…