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STATE v. BRANTLEY

No. 38725.

1 Ohio St. 2d 139 (1965)

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

Supreme Court of Ohio.

Decided March 10, 1965.

Attorney(s) appearing for the Case

Mr. John S. Ballard, prosecuting attorney, and Mr. Alfred R. Smith, for appellant.

Mr. J. Franklin Spruill and Mr. Thomas S. E. Brown, for appellee.

TAFT, C. J.

Section 2915.111 provides punishment as for a misdemeanor "for a first offense" and punishment as for a felony (i. e., imprisonment for a maximum term of more than one year. See Sections 1.05 and 1.06, Revised Code) "for each subsequent offense."

Defendant was convicted for a violation of that statute, which took place in October 1961. This conviction was in March 1962. Thereafter, defendant...

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