State v. Inskeep
| Decision Date | 08 March 1892 |
| Citation | 49 Ohio St. 228,34 N.E. 720 |
| Parties | STATE v. INSKEEP. |
| Court | Ohio Supreme Court |
Exceptions from court of common pleas, Brown county.
John Inskeep was indicted for assault and battery, and a motion to quash the indictment being sustained on the ground that it contained but one count, and charged two distinct offenses, the state excepted. Exceptions sustained.
The indictment charged ‘ that John Inskeep, * * * on the eighth day of November, 1890, at the county aforesaid, unlawfully did make an assault in and upon one John W. Moler, and him, the said John W. Moler, did then and there strike and wound,’ etc.
David Tarbell, Pros. Atty., for the State.
Young & McBeth, for defendant.
The common pleas erred in sustaining the motion. The indictment is not bad for duplicity, is in proper form, and the motion should have been overruled. Exceptions sustained.
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