Weitz v. State

OPINION

By ROSS, J.

The .record shows that the false certificate was made by the plaintiff in error, not as a director, but as Secretary. The conclusion of the Supreme Court in State of Ohio v Williams, 104 Oh St, 232, 238, is directly in point. The procedure in the Williams case was appropriate to the instant case. The secretary was there indicted for perjury under the general statute. §13190, GC, as held in the Williams case- is not appropriate for an indictment of a secretary for a false report made by liim as such.

The second assignment of error'is, that the prosecutor was guilty of gross…