Staniforth v. State

This is a proceeding in error from the Cuya-hoga Common Pleas instituted by William Staniforth to reverse the lower court. The question to be decided is whether, where a statute provides one sentence for the first offense and a trial to a court, and another sentence of a severer nature because of imprisonment and trial to a jury, there can be a trial and sentence under the statute for the second offense, while the proceedings with respect to the first offense are pending undecided before a court of appellate jurisdiction.

It is charged that there was error in the proceedings below, in that the…