Grunkemeyer v. State

Ohio Supreme Court

Grunkemeyer v. State

25 Ohio St. (N.S.) 548

Ohio Supreme Court·Decided December 15, 1874·Published

Opinion

By the Court.

The information charges no offense known to the law. It neither alleges a sale of the liquor, which is necessary, in order to make it a good information under the act of 1854 (S. & O. 1431, secs. 2, 9), nor does it allege that the liquor so furnished was “ to be drank ” by the minor, which is equally necessary, in order to make it good under the act of 1866 (S. & S. 748, sec. 1). These averments are essential, and can not be supplied by any intendment or supposed rules of practice in the Police Court.

Judgment reversed.

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By the Court.

The information charges no offense known to the law. It neither alleges a sale of the liquor, which is necessary, in order to make it a good information under the act of 1854 (S. & O. 1431, secs. 2, 9), nor does it allege that the liquor so furnished was “ to be drank ” by the minor, which is equally necessary, in order to make it good under the act of 1866 (S. & S. 748, sec. 1). These averments are essential, and can not be supplied by any intendment or supposed rules of practice in the Police Court.

Judgment reversed.

Grunkemeyer v. State, 25 Ohio St. (N.S.) 548 (Ohio 1874).

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25 Ohio St. (N.S.) 548 (Grunkemeyer v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.