Legal Opinion

Whitlock v. State

Ohio Court of Appeals

Decided April 13, 1936No. 15395PublishedCited by 5 opinions

1Opinion of the Court

*394OPINION

By KLINGER, PJ.

In the opinion of this court the overruling of a plea in abatement is not a final order under this section of the statutes. §13459-1 GC; §11582 GC.

See: 12 Ohio Jurisprudence, 741.

Wagner v State, 42 Oh St, 537.

Inskeep v State, 35 Oh St 482.

Inskeep v State, 36 Oh St 145.

Bogart v State, 9 Abs, 436.

This court, sitting in Wood County, in the case of State v James, held that a motion overruling a plea in abatement was not a final order from which error could be prosecuted and the note in the Bogart case in 9 Abs, refers to this ruling by this court.

The appeal and petition in…

2Cases cited1 opinion

  1. Bogard v. StateOhio Court of Appeals · 1930

3Cited by5 opinions

  1. State v. RobertsOhio Court of Appeals · 1957
  2. State v. TheisenOhio Court of Appeals · 1952
  3. State v. HimlerickOhio Court of Appeals · 1954
  4. State v. NormanOhio Court of Appeals · 1946
  5. City of Akron v. MingoOhio Court of Appeals · 1958

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