Eastman v. State

The first question to be decided is whether it was erroneous for the Court of Appeals to overrule the motion of the defendant to dismiss the petition in error on the grounds that the state had no right or authority to prosecute such a proceeding in this case, and that the Court of Appeals was without jurisdiction to hear and determine the matter.

This phase of the controversy is greatly simplified by reason of the fact that the defendant makes no claim of former jeopardy under Section 10 of Article I of the Constitution of Ohio. This makes it unneces sary to do more than advert to Section 6 of…