State v. Cousin

Although I concur in the judgment and in the opinion with respect to the second assignment of error, with respect to the first assignment of error I cannot concur in the suggestion in the opinion of approval of State, ex rel. Dana, v. Gerber (1946), 79 Ohio App. 1 [34 O.O.48], and Roark v. Lyle (C.P. 1953), 68 Ohio Law Abs. 177, 180 [52 O.O. 166], to the extent that they indicate R.C. 313.19 may be unconstitutional. Cf. State v. Sharp (1954), 162 Ohio St. 173 [55 O.O. 88], and State, ex rel. Stark, v. Zipf(1961), 172 Ohio St. 462 [17 O.O.2d 427],

Rather, as indicated by the majority opinion,…