Makley v. State
Decision Date | 26 September 1934 |
Docket Number | 24935 |
Parties | Makley v. The State Of Ohio. |
Court | Ohio Supreme Court |
192 N.E. 738
128 Ohio St. 571
Makley v. The State Of Ohio.
No. 24935
Supreme Court of Ohio
September 26, 1934
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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