State v. Schlatterbeck
State v. Schlatterbeck
Opinion of the Court
The question presented is whether infants committed to the house of refuge and correction, Cleveland, under Rev. Stats. § 3050, subdivisions 1 and 2, for “ incorrigible conduct,” are committed “for offenses against a law of the state,” as those words are employed in Rev. Stats. § 2071. And we are clear in the ojfinion that they are not. An offense against a law of the state is an act punishable as a crime under a statute.
In Ex parte Christmas, 10 West L. Jour. 541, there is an elaborate opinion to show that a prosecution by peace warrant, which is a proceeding to prevent the commission of crime, was, by a liberal construction of the act relating to the jurisdiction of the probate- court, embraced by the words “ crimes, offenses or misdemeanors;” but this court, on well settled principles, held otherwise. The State v. Brazier, 37 Ohio St. 78.
If, as claimed, the statute operates unjustly on the city of Cleveland and others in like condition, the legisture should amend it.
Motion overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.