State v. Owens

VICTOR, P.J. On December 14, 1973, defendant Gus George Owens, the appellant herein, was indicted for murder in the first degree (two
counts), pursuant to R.C. 2901.01; breaking and entering an inhabited dwelling in the night season (five counts), pursuant
to R.C. 2907.09 breaking and entering an inhabited dwelling in the daytime (one count), pursuant to R.C. 2907.15; armed robbery
(five counts), pursuant to R.C. 2901.13; rape (two counts), pursuant to R.C. 2905.01; assault with intent to rob (one count),
pursuant to R.C. 2901.24; assault with intent to rape (three counts), pursuant to R.C. 2901.24; felon possessing a firearm
(three counts), pursuant to R.C. 2923.56(A); possessing a firearm while committing certain offenses (ten counts), pursuant
to R.C. 2947.30, and shooting with intent to kill (two counts), pursuant to R.C. 2901.23. (The three counts charging a felon
in the possession of a firearm were subsequently dismissed following a motion by the prosecutor.) This indictment stemmed
from seven separate incidents which occurred between October 12, 1973, and December 9, 1973. A series of pre-trial preliminary
hearings were held concerning defense motions for suppression osvarious evidence, severing of counts for purposes of trial,
and discovery.