State v. Wirick

Citations

• 81 Ohio St. (N.S.) 343

Syllabus

<p>Workhouse imprisonment — Bill of exceptions presents notice given to opposite counsel, when — Objection to jurisdiction — Not entertained, when — Construction of act regulating traffic in intoxicants — pp Ohio Laws, 35.</p> <p>1. The ruling in Lemmon v. State, 77 Ohio St., 427, does not apply to counties which do not contain a workhouse.</p> <p>2. A bill of exceptions certified to contain all of the evidence which was offered and given on the trial, and found to be true and allowed and signed as a part of the record, by the trial judge, is in the record. The presumption is that notice was given to opposite counsel, and that all preliminary steps were complied with, although the record is silent as to those matters.</p> <p>3. Objections which do not affect jurisdiction of the subject-matter, and which were not made in the intermediate court of appellate jurisdiction, will not be entertained in this court.</p> <p>4. The construction of the act entitled “An act further to provide against the evils resulting from the traffic in intoxicating liquors by providing for local ojption in counties” (99 O. L., 35), which was adopted in State v. Lynch, ante, 336, is followed in this case.</p>