Oshe v. State
Oshe v. State
Opinion of the Court
On these applications, there-are only three questions we deem it necessary to notice.
In Pim v. Nicholson, 6 Ohio St. 176, it is declared that this provision Avas incorporated into the constitution, for the purpose of making it a permanent rule of the two houses, and to operate only upon bills in their progress through the general assembly. That it is directory only, and the supervision of its. observance must be left to that body. This doctrine was subsequently affirmed in State ex rel. v. Covington, 29 Ohio St. 102. The first ground of error relied on is, therefore, without foundation.
It is claimed that this section is unconstitutional, inasmuch as it does not require, as did the act of May 1, 1854 (S. & C. 1431), the place where the liquor is sold to be a place of “ public resort.” It is also claimed that without this qualification, in defining the offense, the section is no more, in effect, than adding a double punishment to the offense defined in section
The section operates in the first place to punish the keeper; and after his conviction to require, in the mode prescribed, the unlawful business to be abated as a common nuisance.
In the argument for the plaintiffs in error, the power of the legislature to prohibit the making of individual sales as described ~.n section 6911 is admitted. Upon the same principle, it is equally competent to prohibit the keeping of a place where such sales are habitually made as a business.
In Oshe’s case the averment that the place where the liquors were sold was a place of “ public resort,” is omitted, nor is section 6911 referred to as being amended March 9,1880. The averment is that the sales were made “ in violation of law, to wit, in violation of section sixty-nine hundred and forty-one (6911) of the Revised Statutes of Ohio.” The time laid for the commission of the offense is subsequent to the passage of the section as amended. In other respects the indictments are alike.
At the time of the passage of the amended section, it took the place of the original section in the revision, and was thereafter the only section 6911 of the Revised Statutes in force. The reference in the indictment, therefore, to that section of
For these reason, we think the indictments are sufficient, and the motions must be overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.