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55 Ohio St. (N.S.) 555

State v. Bohn

Ohio Supreme Court

Decided January 12, 1897

Ohio Supreme Court · decided 1897-01-12

<p>7 rial and proceedings — Reversal of conviction in circuit court — Section 7306a, Rev. Stat.</p> <p>Section 7306a, Revised Statutes (Ohio Laws, vol. 92, p. 187), contemplates the l’eversal by the Supreme Court of a judgment of the circuit court, reversing a conviction in any court inferior to the circuit court, and requires the filing of a petition in error within the time limited by the general statute.</p>

Decided 1897-01-12

By the Court.

¶1Bohn was found guilty by a justice of the peace of Cuyahoga county, on a charge of violating the law against the sale of cocoa from which a portion of the oil had been abstracted. On error to the court of common pleas the judgment was affirmed, and this judgment was reversed by the circuit court.

¶2Exceptions taken to the judgment of the circuit court are brought here, but without the filing of a petition in error in this court. Counsel for the state insist that the proceeding is authorized by' section 7306a of the Revised Statutes. Ohio Laws, vol. 92, p. 187.

¶3The object of the section is not only to settle the law for the government of future cases, but in the cases contemplated, to obtain a reversal of the *556judgment of the circuit court, if it be erroneous, and to reinstate the judgment which it reversed. No petition in error having been filed, as contemplated by the statute, the proceeding is dismissed.

¶4Proceedings dismissed.

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