State ex rel. Vandeveer v. Wallace

24 Ohio St. (N.S.) 597

Opinion

By the Court.

The relator was appointed by the Court «of Common Pleas of Butler County, as the record shows, -“to assist the prosecuting attorney in the trial of this cause,” to wit, The State of Ohio v. John Smogen, indicted for murder. We regard the appointment as having been •■made under the act of April 13, 1865 (62 Ohio L. 174), wherein the compensation is limited to $25, and not under •section 5 of the act of April 10, 1856 (S. & C. 1153). The distinction between these acts, as stated in State ex rel. v. Commissioners of Franklin County, 20 Ohio St. 421, is approved.

Writ refused.