Stanfeal v. State

Citations

• 78 Ohio St. (N.S.) 24

Syllabus

<p>Barbering on Sunday — Payment of costs and fine for violation of Section 7033-1, Revised Statutes — Section 1536-793, Revised Statutes — Confinement of offender — Writ .of habeas corpus— Leave to amend mittimus — Validity of lazv prohibiting labor on Sunday.</p> <p>1. S. was tried and convicted by the mayor of an incorporated village, who had jurisdiction over the offense, for violating Section 7033-1, Revised Statutes, which prohibits the business of barbering on Sunday. He was sentenced to pay a fine of fifteen dollars and the costs of prosecution, and upon his refusal to pay the same, the mayor issued to the marshal of said village a mittimus, therein commanding that the prisoner be committed to the county jail until said fine and costs be paid, without including the words, “or secured to be paid,” as provided in Section 1536-793, Revised Statutes. Thereupon S. applied to a judge of the court of common pleas of the proper county for a writ of habeas corpus, and one was issued. As the authority for holding S. the said mittimus was submitted to the judge, who, being of opinion that the mittimus was defective because of the absence of said words, on application for that purpose, gave leave to the mayor to amend the writ so as to include said omitted words. The amendment was made accordingly, whereupon the petition for the writ of habeas corpus was dismissed.</p> <p>Held: It was not error to permit the amendment.</p> <p>2. Section 7033-1, Revised Statutes, is not in conflict with any provision of the constitution of this state.</p>