Legal Opinion
State, Ex Rel., Keener v. Serr
Ohio Court of Appeals
Decided February 27, 1976No. L-75-239PublishedCited by 4 opinions
1Opinion of the CourtWiley, J.
The defendant was charged under R. C. 519.99 with a violation of Section 4.5-2(d)(1) of the Harding Township Zoning Resolution. The defendant filed a motion to dismiss. Both counsel filed a memorandum in re the motion and a hearing date was scheduled on the same for October 21,1975. Thereafter, the court’s journal entry indicates that no plea was entered; however, therein appears the following words: “verdict or finding 11-7-75 not guilty. Notify both counsel.”
A first consideration is whether the prosecution may appeal from such a finding by the court. We find that such an appeal can be taken…
2Cases cited15 opinions
- Flemming v. NestorSupreme Court of the United States · 1960
- Samuels v. McCurdySupreme Court of the United States · 1925
- Gospel Army v. City of Los AngelesCalifornia Supreme Court · 1945
- Gospel Army v. Los AngelesSupreme Court of the United States · 1947
- State v. BuckleyOhio Supreme Court · 1968
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3Cited by4 opinions
- Rhod-A-Zalea & 35th, Inc. v. Snohomish CountyWashington Supreme Court · 1998
- Rhod-A-Zalea & 35th v. Snohomish CountyWashington Supreme Court · 1998
- Brown v. City of ClevelandOhio Supreme Court · 1981
- Village of Northwood v. VolschowOhio Court of Appeals · 1980