Crowley v. State

Citations

• 94 Ohio St. 88
• 113 N.E. 658
• 1916 Ohio LEXIS 166

Syllabus

<p>Criminal law — Former jeopardy — Acquittal of lesser offense — Not bar to prosecution for greater offense, when — Assault and battery charge before mayor — Indictment for assault with intent to commit rape.</p> <p>1. An acquittal or conviction for a minor offense included in a greater will not bar a prosecution for the greater if the court in which the acquittal or conviction was had was without jurisdiction to try the accused for the greater offense.</p> <p>2. Where a person has been in jeopardy on the charge of assault and battery upon an affidavit filed with the mayor of a city, the plea of such jeopardy is insufficient as a bar to a prosecution by indictment for assault with intent to commit rape, although the facts alleged in the 'indictment if proven to be true would have warranted a conviction on the charge made in the affidavit.</p>