Ickes v. State

Ohio Supreme Court

Ickes v. State

63 Ohio St. (N.S.) 549

DecidedDecember 21, 1900

StatusPublished

This text of 63 Ohio St. (N.S.) 549 (Ickes v. State) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ickes v. State, 63 Ohio St. (N.S.) 549 (Ohio 1900).

Pincite

Opinion

By the Court :

Section 7301 of the Revised Statutes, reads as follows: “A person indicted for a misdemeanor may,, upon his request in writing, subscribed by him and entered on the journal, be tried in his absence, or by the court.” And the only question here is whether the court is required on such application to try the accused without the intervention of a jury. We are of opinion that the statute simply confers authority upon the court to try the accused in that class of cases,, and that it is not compulsory upon the court to do so. The statute is declaratory, and was designed to prevent any question being made in regard to the legality of the waiver of the right of trial by jury.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court :

Section 7301 of the Revised Statutes, reads as follows: “A person indicted for a misdemeanor may,, upon his request in writing, subscribed by him and entered on the journal, be tried in his absence, or by the court.” And the only question here is whether the court is required on such application to try the accused without the intervention of a jury. We are of opinion that the statute simply confers authority upon the court to try the accused in that class of cases,, and that it is not compulsory upon the court to do so. The statute is declaratory, and was designed to prevent any question being made in regard to the legality of the waiver of the right of trial by jury.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

63 Ohio St. (N.S.) 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ickes-v-state-ohio-1900.