Legal Opinion

State v. Kearns

Court of Common Pleas of Ohio, Franklin County, Civil Division

Decided March 16, 1955No. 34975Published

1Opinion of the Court

OPINION

By BARTLETT, J.

1. UPON MOTION OF THE DEFENDANT, THE COURT ON RECONSIDERATION THEREOF, ADHERES TO ITS PREVIOUS DECISION OVERRULING THE DEMURRER TO THE FIRST COUNT OF THE INDICTMENT AS SUPPLEMENTED BY THE BILL OF PARTICULARS.

2. THE DEFENDANT IS DIRECTED TO ENTER HIS PLEA TO THE FIRST COUNT OF THE INDICTMENT FORTHWITH.

The complaint of counsel for the defendant on the previous ruling of the court, is the fact that the indictment supplemented by the bill of particulars, does not identify the person who gave the bribe alleged to have been accepted by the defendant.

The Court in its previous…

2Cases cited5 opinions

  1. People v. . O'NeilNew York Court of Appeals · 1888
  2. Commonwealth v. DonovanMassachusetts Supreme Judicial Court · 1898
  3. Commonwealth v. MillikenMassachusetts Supreme Judicial Court · 1899
  4. State v. Carney, Court of Common Pleas of Ohio, Franklin County, Civil Division1939
  5. People v. FurlongNew York Supreme Court · 1910

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