Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 17

Reports of Cases Argued and Determined in the Ohio Circuit Courts Volume 17

By (author) 

List price: US$22.40

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...its power to pass an ordinance making certain acts, which are set forth in the aflidavit, under which the defendant was arrested and tried before the mayor. a penal offense. ERROR to Lorain common pleas court. Fritz Rudin, for plaintiif in error: The aflidavit is insuflicient because it omits to charge the alleged offense or offenses therein attempted to be charged, as having been wilfully committed, as required by the ordinance. Drake v. State, 19 Ohio St. 211; Arata V. State, 12 Dec. 730. The aflidavit fails to charge the alleged offense or offenses as having been committed to the annoyance of the citizens "of this village or any portion thereof," as defined by the ordinance. Hummel v. State, 10 Dec. 492 (8 N. P. 48); Je/feries v. Defiance, 11 Dec. Re. 144 (25 Bull. 68); Pope v. Cincinnati, 2 Circ. Dec. 285 (3 R. 497); Davis v. State, 19 Ohio St. 270; State v. Ritzman, 8 Dec. 685 (7 N. P. 613). The afiidavit is also duplicitous. Mulhauser v. State, 25 O. C. C. 81. The affidavit in its material and constituent facts, describing the acts done by the defendant, charges an assault and battery only. Hummel v. State, 10 Dec. 492 (8 N. P. 48); Lamberton V. State, 11 Ohio 282; Redmond v. State, 35 Ohio St. 81. The mayor has no jurisdiction to punish or hear except for purpose of binding over on assault and battery charge. Wellsvtlle v. O'C0nn01', 24 O. C. C. 689-, Lan. R. L. 10899, 10900 (R. S. 7146, 7147); Winn v. State, 10 Ohio 345. New trials. Stone v. State, 12 Dec. 154; Lan. R. L. 3359 (R. S. 1826; B. 1536-878). Disorderly conduct. Je/fertes v. Defiance, 11 Dec. Re. 144 (25 Bull. 68); Vanvatkenburg v. State, 11 Ohio 404. W. B. Johnston, for defendant in error. MARVIN, J. In the case of Carl Esch against the city of...show more

Product details

  • Paperback | 392 pages
  • 189 x 246 x 21mm | 699g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236944860
  • 9781236944863