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25 Ohio St. (N.S.) 548

Grunkemeyer v. State

Ohio Supreme Court

Decided December 15, 1874

Ohio Supreme Court · decided 1874-12-15

Grunkemeyer was convicted and sentenced, in the police court of Cincinnati, on an information charging that he had “furnished” a glass of intoxicating liquor to a minor.

Decided 1874-12-15

By the Court.

¶1The information charges no offense known to the law. It neither alleges a sale of the liquor, which is necessary, in order to make it a good information under the act of 1854 (S. & O. 1431, secs. 2, 9), nor does it allege that the liquor so furnished was “ to be drank ” by the minor, which is equally necessary, in order to make it good under the act of 1866 (S. & S. 748, sec. 1). These averments are essential, and can not be supplied by any intendment or supposed rules of practice in the Police Court.

¶2Judgment reversed.

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