State v. Whitt

Defendant, appellant herein, was tried by the Municipal Court of Kettering without a jury and found guilty of permitting a building to be open for the transaction of business on Sunday, contrary to Section 3773.24, Revised Code, and fined $25 and costs.

On appeal to this court he assigns two errors: (1) the overruling of his demurrer to the complaint and of his motion to dismiss at the close of the evidence, and (2) the finding of guilty upon insufficient evidence.

The complaint reads as follows:

‘ ‘ Complaint

January 7, 1963

State of Ohio )

Montgomery County) ss

City of Kettering )

‘ ‘ The…