State v. O'Neal

Kerns, Judge.

The defendant, Walter A. O’Neal, was indicted for the possession of cocaine in violation of R.C. 2925.11(A), which simply provides that “no person shall knowingly obtain, possess, or use a controlled substance.”

Prior to trial, the parties stipulated that the state’s case was based entirely upon “0.02 gram of a chunky white substance” which was analyzed and found to contain cocaine by the Miami Valley Regional Crime Laboratory.

Subsequently, the defendant filed a motion to dismiss the indictment on the ground that the small amount of cocaine found on him was insufficient as a…