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STATE v. CORN

No. 2884.

113 Ohio App. 50 (1960)

THE STATE OF OHIO, APPELLEE, v. CORN, APPELLANT.

Court of Appeals of Ohio, Stark County.

Decided May 19, 1960.

Attorney(s) appearing for the Case

Mr. Harold E. DeHoff and Mr. George H. Trifelos, for appellee.

Mr. Robert F. Hillibish and Mr. Isadore Freed, for appellant.

MCLAUGHLIN, J.

This case arose out of a sale of a child's toy on Sunday. Pertinent words of the affidavit charge that the accused "unlawfully did then and there engage in common labor * * * on Sunday." Section 3773.24 of the Ohio Revised Code provides in basic substance that "no person * * * shall engage in common labor * * * on Sunday.''

The accused was tried, found guilty and sentenced by the Canton Municipal Court, the judge acting as a jury.

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