State v. Kimbler

Defendant, Edgil E. Kimbler, appeals from a judgment of the Franklin County Court of Common Pleas and raises a single assignment of error as follows:

“The trial court erred by overruling the defendant’s motion to dismiss on the grounds of double jeopardy.”

Defendant was indicted for the offense of child stealing in violation of R.C. 2905.04 involving his own children, the custody of whom had been awarded to their mother and his former wife by the Domestic Relations Division of the Franklin County Court of Common Pleas. Defendant filed a motion to dismiss the charges upon the ground of former…