State v. Schultz

The defendant herein was charged by affidavit with the violation of Section 4511.251, Revised Code.

To this affidavit the defendant filed a motion to quash, which was overruled, and then the defendant filed a demurrer alleging substantially as follows:

1. That the facts stated in the affidavit do not constitute an offense punishable by the law of the State of Ohio.

2. That intent is not alleged therein, proof of such intent being necessary to make out the offense charged.

3. That Section 4511.251, Revised Code, is unconstitutional because it deprives the accused of the presumption of innocence…