State v. Miles

OPINION

By BARNES, P. J.

The above entitled cause is now being determined as an error proceeding by reason of defendant’s appeal from the judgment of the Court of Common Pleas of Darke County, Ohio.

*5Defendant’s notice of appeal was erroneously designated as an appeal on law and fact. We find many able lawyers who still have a misunderstanding as to what is meant by an appeal on law and fact. Briefly, it means a chancery or de novo appeal, while an appeal on law is in reality an error proceeding. §12223-1 GC.

Of course a criminal action can never be a chancery proceeding, and hence an appeal must…