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23 Ohio C.C. Dec. 63

Fishwick v. State

Hamilton Circuit Court

Decided August 1, 1911

Hamilton Circuit Court · decided 1911-08-01

The defendant below was accused of having unlawfully assaulted William Ryan, a young lad, while' attempting to cross one of the streets in the residential part of Cincinnati; the lad upon emerging from behind a wagon driven along the street being struck and injured by an automobile. .On the trial in the police court it appeared that the automobile was driven at a high rate of speed, one witness testifying to a speed of forty miles an hour, and on the wrong side of the street…

Decided 1911-08-01

SMITH, J.

¶1As the court is of the opinion that Gen. Code 12603, 12604, are constitutional, it would seem that the judgment of the court below is correct.

¶2The cáse we think is fully within the rule laid down in Johnson v. State, 66 Ohio St. 59 [63 N. E. Rep. 607; 61 L. R. A. 277; 90 Am. St. Rep. 564].

Swing and Jones, JJ., concur.
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