Scopillitti v. State

VICKERY, J

It might here be pointed out that the defendant probably had waived his right to object to the proceedings by not filing a plea in abatement, i The fact of defendant’s minority was a defect extrinsic to the record, and §13439-7, being old §13622 GC, read's: “A plea in abatement may be made ,when there is a defect in the record shown by facts extrinsic thereto.”

In the case of State of Ohio v Klingen berger, 113 Oh St, 419, it was held in syllabus one as follows:

“A minor charged with felony waives his right to object to the jurisdiction of the Court of Common Pleas on the ground of…