Ohio Court of Appeals, 1927

Eberhart v. State

Eberhart v. State
Ohio Court of Appeals · Decided October 31, 1927 · Hamilton, Cushing
161 N.E. 341; 27 Ohio App. 533; 6 Ohio Law. Abs. 4; 1927 Ohio Misc. LEXIS 970; 1927 Ohio App. LEXIS 404 (North Eastern Reporter)

Eberhart v. State

Opinion of the Court

OPINION OP COURT.

The following is taken, verbatim, from the opinion.

HAMILTON, PJ.

The question is: Does the statute require the jury to fix the value of an automobile in a case of conviction for concealing a stolen motor vehicle, knowing it to have been stolen? The only section of the Code requiring the jury to fix value in criminal cases, on conviction, is 13961 GC.

The plain reading of the section fixes but three kinds of offenses upon which it becomes necessary to fix value; first, offense against property by larceny; second, embezzlement; and third, obtaining property by false pretense. By no possible interpretation of this section could it be held to apply to concealing a stolen motor vehicle, knowing it to have been stolen. The offense is complete when the concealment, under the circumstances, is proved, whatever the value may be.

We are, therefore, of the opinion that it was not incumbent upon the jury to fix the value of the automobile in its verdict, judgment will he affirmed.

(Mills and Cushing, JJ., concur.)

Case-law data current through December 31, 2025. Source: CourtListener bulk data.