103 Ohio App. 188 - State v. Hershberger’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"Whoever being a parent, guardian or other person having care of a child of compulsory school age violates any of the provisions of sections 4849, 4849.9, 4849-3, 4851-13, 4852-5 or 4852-6, General Code, shall upon conviction be fined not less than five dollars and not more than twenty dollars, or the court may in its discretion require the person so convicted to give bond in the sum of one hundred dollars with sureties to the approval of the court, conditioned that he will cause the child under his charge to attend upon instruction as provided by law, and remain as a pupil in the school or class during the term prescribed by law; and upon the failure or refusal of any such parent, guardian or other person to pay said fine and costs or furnish said bond according to the order of the court, then said parents, guardian or other person shall be imprisoned in the county jail not less than ten days nor more than thirty days." Such section was embodied in the Revised Code, effective in 1953, in substantially its present form. The "or” language of G.C. 12974 was deleted which was arguably in violation of R.C. 1.01 that the adoption of the Revised Code was not to affect a right or liability of the General Code sections. Since R.C. 3321.38 has been on occasion amended in parts not here pertinent, we assume the General Assembly intended to allow the imposition of a fine and require a bond.”

   1 later decision quote this exact passage
   e.g. 61 Ohio App. 3d 650 - State v. Atwood

2. ““The defendant was charged in an affidavit filed in the Juvenile Court of Hardin County with failure to cause his children to attend school as required by the compulsory education laws of Ohio. “Upon trial, the defendant was found guilty and was sentenced to pay a fine of $20 and costs of prosecution. The court further ordered the defendant to furnish bond in the sum of $250 to keep the peace for a period of two years. From this judgment appeal is prosecuted to this court. “After the filing of a demurrer and various motions, the defendant demanded to be tried by a jury, which demand was refused. This refusal is assigned as error. “Section 2945.17, Revised Code provides that an accused has a right to be tried by a jury except in cases in which the penalty involved does not exceed the sum of $50. The maximum penalty for the offense upon which the defendant was tried is a fine of $20, as set forth in subsection (B) of Section 3321.99, Revised Code. This claimed error is without merit.””

   1 later decision quote this exact passage
   e.g. 61 Ohio App. 3d 650 - State v. Atwood