State v. Klingenberger

Ohio Supreme Court

State v. Klingenberger

3 Ohio Law. Abs. 675

CourtOhio Supreme Court

DecidedJuly 1, 1925

DocketNo. 18983

StatusPublished

This text of 3 Ohio Law. Abs. 675 (State v. Klingenberger) 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. Klingenberger, 3 Ohio Law. Abs. 675 (Ohio 1925).

Pincite

Opinion

ALLEN, J.

_ 1. A minor charged with felony waives his right to object to the jurisdiction of the court of common pleas on the ground of his minority, by not filing a plea in abatement to an indictment in the court of common pleas.

2. When a felony charge against a minor is transferred from the juvenile court to the court of common pleas under the provisions of Section 1681, General Code, the grand jury is empowered to return any indictment proper under the facts submitted to it.

Judgment reversed.

Marshall, CJ., Jones, Matthias, Day, and Kinkade, JJ., concur. Robinson, J., concurs in proposition two of the syllabus and in the judgment.

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ALLEN, J.

_ 1. A minor charged with felony waives his right to object to the jurisdiction of the court of common pleas on the ground of his minority, by not filing a plea in abatement to an indictment in the court of common pleas.

2. When a felony charge against a minor is transferred from the juvenile court to the court of common pleas under the provisions of Section 1681, General Code, the grand jury is empowered to return any indictment proper under the facts submitted to it.

Judgment reversed.

Marshall, CJ., Jones, Matthias, Day, and Kinkade, JJ., concur. Robinson, J., concurs in proposition two of the syllabus and in the judgment.

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Bluebook (online)

3 Ohio Law. Abs. 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-klingenberger-ohio-1925.