State v. Meeker

Defendant has renewed in this court his claim that under the first count of the indictment he may not be tried for armed robbery but can only be tried for unarmed robbery.2 That issue, however, was never before the Court of Appeals. While the ruling of the Common Pleas Court as to count one of the indictment would not appear to be a final order, subject at the time to appeal by defendant, in any event no attempt was made by defendant to cross-appeal as to such ruling.3

Any appellate review of the order of the Common Pleas Court refusing to quash count one of the indictment must await appeal…