State v. Durbin

*301OPINION

By THE COURT

On this state of facts the main question that arises is as to the authority of J. D. Sears to act as special prosecuting attorney on the hearing of said motion to enter a nolle prosequi of said indictment in the Common Pleas Court, and as to his authority to prosecute error on behalf of the State of Ohio from the order granting said motion.

Sec 2912, GC, provides for filling a vacancy in the office of the prosecuting attorney in case of sickness or disability. §2412, GC, provides for the employment of temporary legal counsel to assist the prosecuting attorney. §13439-15, GC,…