Makley v. State

Decision Date26 September 1934
Docket Number24935
PartiesMakley v. The State Of Ohio.
CourtOhio Supreme Court

Supreme Court - Dismissals - Moot question.

Miss Jessie Levy and Mr. Clarence C. Miller, for plaintiff in error.

Mr. Ernest M. Botkin, prosecuting attorney, Mr. Joseph H. Flick and Mr. Benjamin S. Motter, for defendant in error.

This cause came on to be heard on September 19, 1934, upon the transcript of the record of the Court of Appeals of Allen county, upon the motion of the defendant in error to dismiss the petition in error filed as of right herein, and was argued by counsel.

Thereafter, on September 25, 1934, the Warden of the Ohio Penitentiary, wherein said plaintiff in error was confined, advised the court that said plaintiff in error died on Monday, September 24, 1934, and the question herein having thus become moot, it is ordered and adjudged by this court that said petition in error be, and the same hereby is, dismissed on authority of Miner v. Witt. 82 Ohio St. 237.

Petition in error dismissed.

WEYGANDT, C. J., STEPHENSON, JONES, MATTHIAS, BEVIS, ZIMMERMAN and WILKIN, JJ., concur.

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  • Makley v. State, 24935.
    • United States
    • Ohio Supreme Court
    • September 26, 1934
    ...128 Ohio St. 571192 N.E. 738MAKLEYv.STATE.No. 24935.Supreme Court of Ohio.Sept. 26, Error to Court of Appeals, Allen County. One Markley was convicted of an offense, and he brings error. On defendant in error's motion to dismiss petition in error.-[Editional Statement.] Petition in error di......

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