State v. Merricks

OPINION

By WISEMAN, J.:

Both cases have been submitted on motions for leave to appeal. The same facts obtain and the same questions are presented in both cases.

*258The defendant failed to perfect an appeal as a matter of right within thirty days. Sec. 13459-4 GC, in part provides “After thirty days from such sentence and judgment such appeal may be filed only by leave of the Court or .two of the judges thereof.” This Court, in State of Ohio v. McGahan, Court of Appeals of Franklin County, Ohio, No. 4310, (opinion dated October 6,1949), 86 Oh Ap 283, in commenting on the authority of the Court under…