STATE, EX REL. BIER v. COURT

No. 38195.

175 Ohio St. 355 (1963)

THE STATE, EX REL. BIER, APPELLANT, v. COURT OF COMMON PLEAS OF BUTLER COUNTY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 18, 1963.


Attorney(s) appearing for the Case

Messrs. Paxton & Seasongood, Mr. Reuven J. Katz and Mr. Jackson Bosch, for appellant.

Mr. Robert L. Marrs, prosecuting attorney, and Mr. William E. Rathman, for appellees.


Per Curiam.

There is no question that the respondent court has jurisdiction of the subject matter, i. e., the offense of violating Section 3773.24, Revised Code, the Sunday closing law. The respondent court also had jurisdiction of the accused, relator herein.

The claim of lack of jurisdiction is based on the fact that the affidavit was filed by a private citizen rather than by the prosecuting attorney or his assistant or someone designated for...

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