State v. Corwin

Ohio Supreme Court

State v. Corwin

1 Ohio Law. Abs. 134

CourtOhio Supreme Court

DecidedJuly 1, 1922

DocketNo. 17756

StatusPublished

This text of 1 Ohio Law. Abs. 134 (State v. Corwin) 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

State v. Corwin, 1 Ohio Law. Abs. 134 (Ohio 1922).

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Opinion

WANAMAKER, J.:

Where one is tried upon a charge of rape with force and violence, under Section 12413, General Code, and upon trial is acquitteed of such charge, and thereafter he is indicted under Section 12414, General Code, charging rape with consent, and interposes a plea of former jeopardy to the second indictment, such plea upon demurrer of the state should be overruled. (State v. Rose, 89 Ohio St., 383, approved and followed.)

Exceptions sustained.

Marshall, C. J. Hough, Robinson, Jones, Matthias and Clark, JJ., concur.

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WANAMAKER, J.:

Where one is tried upon a charge of rape with force and violence, under Section 12413, General Code, and upon trial is acquitteed of such charge, and thereafter he is indicted under Section 12414, General Code, charging rape with consent, and interposes a plea of former jeopardy to the second indictment, such plea upon demurrer of the state should be overruled. (State v. Rose, 89 Ohio St., 383, approved and followed.)

Exceptions sustained.

Marshall, C. J. Hough, Robinson, Jones, Matthias and Clark, JJ., concur.

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Bluebook (online)

1 Ohio Law. Abs. 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-corwin-ohio-1922.