Moorey v. State

Citations

• 29 Ohio C.C. Dec. 180

Syllabus

<p>CRIMINAL LAW — ERROR.</p> <p>1. Leave of Court of Appeals Obtained Essential to Review Affirmance , by Common Pleas of Conviction by Mayor.</p> <p>By virtue of the requirements of Sec. 13246 G. O., one who has been convicted before a mayor for a violation of the law prohibiting the sale of intoxicating liquors in a city, which judgment has been affirmed by - the common pleas court, must, before filing a petition in error in the court of appeals obtain leave of that court after good cause shown therefor and within the time limited in said section.</p> <p>2. Court of Appeals not “In Session” When Term is Formally Held Open.</p> <p>In computing the time within which the same must be filed, the language of the statute “When a reviewing court is not in session” means, not in session in the county in which, the litigation is pending, unless the court has fixed some other county of the appellate district for the hearing of such cases, and the court of appeals is not to be deemed in session in the county in which the litigation is pending simply because the term of court therein has been formally held open.</p> <p>3. Leave to File Petition to Review Lower Courts Refused when Record Discloses Lower Courts Correct.</p> <p>If an examination of the entire record of a case coming within that statute clearly discloses that the judgments of the lower courts are right, leave to file a petition in error will be refused.</p>