Burns v. Tarbox

Citations

• 76 Ohio St. (N.S.) 520

Syllabus

<p>Affidavit charging violation of Section 6984a, Revised Statutes— Defendant accused of committing act in certain locality — Seeks discharge under habeas corpus — On ground act not committed where specified — Evidence, not competent to work discharge — • ■Criminal law — Habeas corpus proceedings.</p> <p>An affidavit filed with the mayor of the city of Xenia, Greene county, who has criminal jurisdiction, charged B. with a violation of Section 6984a, Revised Statutes, -in that he unlawfully, wilfully and negligently failed to furnish necessary and proper food, clothing and shelter for certain of his minor children under sixteen years of age. The affidavit is sufficient in' form and substance and alleges that the accused committed said offense in said city and in Greene county between the first day of January, 1906, and the twenty-first day of June of the same year. The mayor issued a warrant on said affidavit, which ■ warrant is sufficient in form and substance, directed to the sheriff of Greene county, commanding the arrest of B., and he was arrested and taken into custody in -Cincinnati, Hamilton . county, in pursuance of said warrant. Thereupon B. instituted proceedings in habeas corpus before one of the judges of the court of common pleas of .Hamilton county, and on hearing .of the petition and the return thereto, as the only ground for discharge from custody, B. offered evidence to prove that he had not been in Xenia or Greene county for many years preceding his. arrest, and that he has been a resident of Cincinnati, Hamilton county, for a great many years, and that at no time during the period laid in the affidavit was he in Xenia or Greene ' county, or a resident thereof; and further, that if he committed the crime charged, it was committed in Cincinnati, Hamilton county, and not in Greene county. The judge refused to hear or consider said evidence, dismissed the petition and remanded the prisoner to the custody of the sheriff of Greene county.</p> <p>Held: Th