State v. Roberts

I

Herbert, J.

In case No. 79-838, the state argues that defendant’s conviction for the possession of a narcotic drug for sale was erroneously set aside by the Court of Appeals. In essence, the state’s assertion is founded upon the proposition that the offenses of possession of a narcotic drug for sale, R. C. 3719.20(A),1 and the sale of a narcotic drug, R. C. 3719.20(B),2 were not in this cause “allied offenses of similar import” arising out of the “same conduct” within the meaning of R. C. 2941.25(A).

R. C. 2941.25(A) provides:

“Where the same conduct by defendant can be construed to constitute…