Ohio Circuit Courts, 1908

Enderes v. State

Ohio Circuit Courts · Decided November 14, 1908 · Giffen, Qiffen, Smith, Swing

21 Ohio C.C. Dec. 517

Counsel

M. C. Lykins, for plaintiff in error., J. M. Thomas, for the state.

Opinion of the Court

QIFFEN, J.

It is not charged in the affidavit that the offense was committed at the city of Cincinnati and county of Hamilton, but “within four miles of the corporate limits of the city and county aforesaid. ’ ’ Under this averment it may have been in the state of Kentucky. It is admitted in the record that Coney Island is within four miles of the city of Cincinnati, but there is no proof that it is within the county of Hamilton and state of Ohio.

Judgment reversed.

Swing and Smith, JJ., concur.

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