Legal Opinion
State v. Villagomez
Ohio Court of Appeals
Decided October 9, 1974No. 4-74-4PublishedCited by 14 opinions
1Opinion of the CourtCole, J.
This is an appeal from a judgment of conviction and a sentence for a violation of B. C. 3719.41, the possession of marijuana.
Three errors are assigned by the defendant, the appellant herein, the first of which we quote as follows:
“The prosecution of defendant-appellant pursuant to an alleged affidavit and complaint is void ab initio due to the failure of bringing the subject matter before the trial court and within its jurisdiction.”
The substance of this alleged error is that no proper complaint under Criminal Rule 3 was filed in the case; hence the court’s jurisdiction was not invoked.
On…
2Cases cited10 opinions
- Harris v. United StatesSupreme Court of the United States · 1968
- Burdeau v. McDowellSupreme Court of the United States · 1921
- Harry S. Barnes v. United StatesCourt of Appeals for the Fifth Circuit · 1967
- United States v. Cecil WinbushCourt of Appeals for the Sixth Circuit · 1970
- Sopko v. MaxwellOhio Supreme Court · 1965
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. EvansOhio Court of Appeals · 2003
- State v. BurgunOhio Court of Appeals · 1976
- State v. Thacker, Unpublished Decision (7-23-2004)Ohio Court of Appeals · 2004
- Sell v. PriceDistrict Court, S.D. Ohio · 1981
- State v. HoerigOhio Court of Appeals · 2009
9 more not listed; retrieve them via the Exa API.