Leiblang v. State

Citations

• 33 Ohio C.C. Dec. 412
• 21 Ohio C.C. (n.s.) 539
• 1907 Ohio Misc. LEXIS 505

Syllabus

<p>CRIMINAL LAW — FORGERY</p> <p>1. Affidavit of Prejudice Filed on Day of Tria!, too Late.</p> <p>An affidavit of prejudice filed on the day of trial and immediately before its start, is too late and may be disregarded by the trial judge.</p> <p>2. Absence of Accused's Endorsement on Forged Instrument, Immaterial Variance.</p> <p>The uttering and publishing of a forged instrument is complete when it is presented for payment, and the omission of defendant’s indorsement from the back of the copy of the instrument as set out in the indictment is an immaterial variation as the offense charged was complete when the indorsement was made.</p> <p>3. Trial of Accused when Absent.</p> <p>If after the trial of a criminal cause has commenced, the prisoner absents himself, the trial may continue whether the case be one of felony or misdemeanor, though sentence may not be pronounced in the prisoner’s absence, except in cases of misdemeanor.</p>