Arnsman v. State

Citations

• 20 Ohio C.C. Dec. 445
• 11 Ohio C.C. (n.s.) 113
• 1908 Ohio Misc. LEXIS 162

Syllabus

<p>MONOPOLIES — CRIMINAL LAW.</p> <p>Parker, Wildman and Kinkade, JJ.</p> <p>1. Failure to File Motion to Quash Waives Duplicity and Indeeiniteness.</p> <p>A motion to quash is the proper procedure to point out the defects of duplicity and indefiniteness in an indictment, and failure to file such motion and entering a general plea to the indictment, is a waiver of those defects.</p> <p>2. Indictment Charging Unlawful .Combination Punishable by Fine and Imprisonment.</p> <p>An indictment which charges that accused and numerous other named defendants on a day named and continuously between that (date and the day indictment is found were members of an unlawful trust and / combination formed for the purpose of carrying out restraint in trade and commerce, increasing the price and preventing competition in the sale of lumber, and knowingly acted with and in pursuance of, and aided and assisted in carrying out the purposes of such unlawful trust and combination; binding themselves not to sell or dispose of any lumber for use in a designated locality below the common standard of figures, and agreeing to pool, combine and unite their interests in such lumber trade, states a violation of Sec. 1 of act 93 O. L. 143 (Lan. Rev. Stat. 7586; B. 4427-1), commonly called the Valentine anti-trust law which is punishable by fine and imprisonment under Sec. 4 (Lan. Rev. Stat. 7589; B. 4427-4) thereof, and not Sec. 10 (Han. Rev. Stat. 7595; B. 4427-10).</p> <p>:3. On Remand for Resentence Court May Fine or Imprison or Both.</p> <p>A workhouse sentence having been illegally imposed for violation of the Valentine anti-trust law, will be set aside on review and the case remanded to the trial court for resentence, which may be by fine or imprisonment or both in the discretion of the court as on original hearing.</p> <p>[Syllabus approved by the court.]</p>