Gaiser v. Hurleman

Citations

• 74 Ohio St. (N.S.) 271

Syllabus

<p>Blackmailing — Section 6830, Revised Statutes — Assault with intent to kill — Section 6821, Revised Statutes — Threatening with personal violence — Defendant held for money extortion —Subsequent indictment for assault — Suit for malicious prosecution — Criminal procedure.</p> <p>G filed his affidavit against H and others, before a justice of the peace, charging them with a violation of section 6830, Revised Statutes (blackmailing), on the second day of January, 1901, in unlawfully menacing and threatening G with personal violence with the intent, thereby to extort money from him. The case was heard by the justice, and the parties, ■including H; were held to answer said charge before the court of common pleas. At the next term of said court, G appeared before the grand jury and gave and furnished evidence to support said charge, upon which the grand jury found and returned an indictment for the same; and at the same time, , on the same evidence and covering the same alleged criminal transaction of the second of January, 1901, the grand jury found and returned an indictment against the same parties, for assaulting G with intent to rob him, in violation of section 6821, Revised Statutes. The indictment for blackmailing was quashed on the second day of March, 1901. On the fourteenth day of August, 1901, H, one of the accused parties commenced his action against G to recover damages for ■ malicious prosecution on account of the said proceedings before the justice and the court of common pleas; but the indictment against H and the others for assaulting G with intent to rob him was still pending and was not disposed of until November 25, 1902.</p> <p>Held: That the indictment for assault with intent to rob was a continuation of the criminal prosecution started before the justice of the peace, and the same was not legally terminated when said, action was commenced.</p>