State v. Waller

This appeal squarely presents, for the first time in this court, the issue of the constitutionality of Crim. N. 12(J) upon which appellant solely relied in perfecting its appeal to the Court of Appeals.1 The presentation of such issue to this court was foreshadowed by the decision of this court in State v. Hughes (1975), 41 Ohio St. 2d 208. In Hughes, the syllabus provides:

“Insofar as App. N. 4(B), permitting the prosecution, as of right, to appeal judgments of trial courts, enlarges the statutory right of appeal provided by N . C. 2945.-67 through 2945.70 and abridges the right of appellate…