Oberer v. State

Citations

• 18 Ohio C.C. Dec. 620
• 8 Ohio C.C. (n.s.) 93

Syllabus

<p>CONFLICT OF JURISDICTION — ERROR—NEW TRIAL.</p> <p>Sullivan, Wilson and Dustin, JJ.</p> <p>1. Revised Statutes 6454 (Last. 10031) Giving Probate Court Jurisdiction Concurrent with Common Pleas in Certain Counties, Constitutional.</p> <p>Revised Statutes 6454 (Dan. 10031) giving jurisdiction to the probate court in certain counties concurrent witb that of the common pleas court, is not unconstitutional as special legislation, and a conviction and judgment under the Beal law in the probate court will be sustained.</p> <p>2. Appeal Lies to Common Pleas Court from Probate Court in Counties Affected by Rev. Stat. 6454 (Lan. 10031).</p> <p>Appeal lies to the common pleas court from the probate court on a conviction under the Beal law in counties where the probate court has concurrent jurisdiction in certain cases with the common pleas. The appeal need not be prosecuted directly to the circuit court.</p> <p>3. Absence op Stenographer in Probate Court in Criminal Trial not Reversible Error unless Form allí Objected to at the Time.</p> <p>In a criminal trial before a probate court where defendant simply protests at the absence of a stenographer but does not make demand for one, nor ask a continuance on account of said absence, nor take exception to being forced to trial under the circumstances, he is not prejudiced.</p> <p>•4. Motion for New Trial — Holiday Counts as One op the Three Days unless the Last.</p> <p>In the three days allowed for filing a motion for a new trial, a holiday counts unless it is the last day.</p> <p>5. No Indictment Necessary in Probate Court under Rev. Stat. 6454 (Lan. 10032) and Affidavit before Magistrate is Effective Throughout.</p> <p>An indictment is not necessary in the probate court under Rev. Stat. 6454 (Lan. 10032) and the information need not be sworn to as the affidavit before the magistrate on the preliminary hearing is effective throughout the proceedings.</p> <p><5. That tiie Place was “not a Drug Store” Sufficiently States the Exce