In Re Benn

In this case in Juvenile Court, the judge heard and determined delinquency status of two juveniles without a jury. Only one appealed. In lower terms, the charge was abusing a police officer, resisting arrest and assault and battery.

Under the existing law of Ohio, the trial judge was within his authority. He was equally within his authority in deciding the case on what he deemed to be the preponderance of the evidence.

There was substantial evidence in support of conflicting versions of the facts. This posed a classic instance in which the trier of the facts had the right and the duty to…