Gage v. State

29 Ohio St. 6

Opinion

By the Court.

Leave must be refused. There was but one arrest, and therefore the question whether a second arrest could be made in the same case does not arise. The defendant was not in custody, either of his bail or of the state. He was at large, and the state had a right to arrest him by either of the two processes provided by law, namely, by capias on the indictments, or by complaint before a justice of the peace.

Motion overruled.