Marks v. State

There are a number of assignments of error, all of which have been considered, but only one of which do we deem i^; necessary to discuss, finding the other 'assignments not well taken.

Complaint is made on the part of the plaintiff in error that the Court of Common Pleas, before hearing this action, refused to hear a motion or petition then filed for the return to the plaintiff in error of the intoxicating liquor, for the possession of which he was charged.

It is a well recognized rule of the courts of Ohio, to which rule this court adheres, that, when a motion or petition is filed for the…