State, Ex Rel. Reams v. McNary

OPINION

By LLOYD, J.

On September 24, 1936, the relator, Frazier Reams, as prosecuting attorney of Lucas County, the appellant herein, filed an application in the Court of Common Pleas against the appellees, Stacey L. McNary, Raleigh D. Mills, Will P. Gunckel and Leroy E. Eastman, asking that court to declare §§11554 and 13444-1, GC, to be unconstitutional and, in any event, to find and declare that those sections do not apply to the trial of an indictment pending therein against appellees and docketed in that court as cause No. 21051.

The substance of the application is that the indictment was…