STATE v. McKELVEY

No. 40668.

12 Ohio St. 2d 92 (1967)

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

Supreme Court of Ohio.

Decided December 20, 1967.


Attorney(s) appearing for the Case

Mr. George F. Burkhart, prosecuting attorney, for appellant.

Mr. T. J. Kremer, Jr., and Mr. Austin C. Furbee, for appellee.


WASSERMAN, J.

The basic questions raised by this case are created by the statutes providing for travel allowances for county officials and authorizing civil suit by the prosecuting attorney to recover misapplied county funds.

Appellee contends that no breach of duty occurred when he accepted mileage money from other county officials who had first received this money from the county. Appellee's contention shows that he is mistaken as to the intent of Section...

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