Schario v. State

Epitomized Opinion

Schario was convicted by the Canton Criminal Court of violating the Crabbe Act and prosecuted error to the common pleas, in which a petition in error was filed within 30 days after the judgment. More than 30 days after the filing of the petition in error the State moved to dismiss the action because more than 30 days had passed since the filing and the case had not been heard by the common pleas court. The motion was sustained, error prosecuted to the Appeals Court where the judgment was affirmed and now error is prosecuted to this court. Held by Supreme Court in reversing…