OVERMYER v. SACKS.

No. 37554.

174 Ohio St. 129 (1962)

OVERMYER, APPELLANT, v. SACKS, WARDEN, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 26, 1962.


Attorney(s) appearing for the Case

Messrs. Simmons & Simmons, for appellant.

Mr. Mark McElroy, attorney general, and Mr. John J. Connors, Jr., for appellees.


WEYGANDT, C. J.

Does the plaintiff's petition together with the attached and incorporated memorandum contain factual allegations which show a cause of action?

The plaintiff says that under the provisions of Section 2905.34, Revised Code, three indictments were returned against him in the Court of Common Pleas for the offenses of (1) possession of obscene literature, (2) the sale of obscene literature, and (3) the manufacture of obscene literature; that the...

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