State v. Groves

Citations

• 80 Ohio St. (N.S.) 351

Syllabus

<p>Variation in terms of printed statute — And original enrolled act of legislature — The latter prevails — Indictment under Section 683s, Revised Statutes — Need not define particular felony — Burglary and other breakings.</p> <p>1. Where there is a variance or repugnancy in terms, between the printed copy of a statute published under the authority of the state, and the original enrolled act signed by the presiding officers of the two houses of the general assembly, approved by the governor, and deposited with the secretary of state, the latter controls.</p> <p>2. An indictment framed under Section 6835, Revised Statutes, as amended and passed April 9, 1908, which, in all other respects, sufficiently describes and charges an attempt to break and enter an inhabited .dwelling house with intent to commit a felony, will not be held bad for omission to designate and define the particular felony intended to be committed.</p>