Schaefer v. State

Ohio Circuit Courts

Schaefer v. State

17 Ohio C.C. Dec. 791

DecidedJuly 1, 1905

StatusPublished

This text of 17 Ohio C.C. Dec. 791 (Schaefer v. State) is published on Counsel Stack Legal Research, covering Ohio Circuit Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schaefer v. State, 17 Ohio C.C. Dec. 791 (Ohio Super. Ct. 1905).

Pincite

Opinion

DUSTIN, J.

It having been established in Ohio that a court may, in indefinite terms, suspend the execution of a sentence in a criminal case, State v. Allen, 68 Ohio St. 516 [67 N. E. Rep. 1053], we think it follows that the same judge may revoke the suspension, on his own motion, at any time even after term.

But even if the conditional suspension cannot extend beyond the term, the sentence is not thereby invalidated and can be carried into execution at any time.

The views of Judge Dillon on this question, in the Lee case, seem to us to be sound.

The judgment of the common pleas court is therefore affirmed.

Wilson and Sullivan, JJ., concur.

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