O'Brien v. Commonwealth

Opinion op the Court by

Ohiep Justice Clay—

Reversing.

O. C. O’Brien has prayed an appeal from a judgment convicting him of maintaining a common nuisance, and fixing his punishment at a fine of $200.

The only ground urged for reversal is that the court erred in substituting O. C. O’Brien for Kelly O’Brien, against whom the indictment was returned.

The facts are: The persons charged in the indictment with the offense of maintaining a common nuisance were Wicks Hawkins, Kelly O’Brien, and John H. Staker. After the indictment had been returned the following order was entered by the court:

“It…