Enderes v. State

Decided November 14, 1908

Ohio Circuit Courts · decided 1908-11-14

Harry Enderes was convicted in the police court of the city of Cincinnati, Hamilton county, Ohio, on the charge of suffering a game of chance on the premises. The alleged offense was committed on the Island Queen, an Ohio river steamer, lying at “Coney Island,” a pleasure resort on the Ohio side of the river, near Cincinnati.

Decided 1908-11-14

QIFFEN, J.

¶1It is not charged in the affidavit that the offense was committed at the city of Cincinnati and county of Hamilton, but “within four miles of the corporate limits of the city and county aforesaid. ’ ’ Under this averment it may have been in the state of Kentucky. It is admitted in the record that Coney Island is within four miles of the city of Cincinnati, but there is no proof that it is within the county of Hamilton and state of Ohio.

¶2Judgment reversed.

Swing and Smith, JJ., concur.