State v. Kominis

Citation73 Ohio App. 204,55 N.E.2d 344
Decision Date23 July 1943
CourtOhio Court of Appeals

Syllabus by the court.

1. When a statute makes an act an offense regardless of guilty knowledge, ignorance of fact, no matter how sincere, is not a defense to a charge predicated upon such statute.

2. A person who sells intoxicating liquor to a child under eighteen years of age, thereby causing the intoxication of such child, 'induces' its 'delinquency' within the meaning of Section 1639-45, General Code, even though such seller honestly believes at the time of such sale that the child is of proper age.

J W. Dilgren, of Elyria, for appellant.

William G. Wickens, Pros. Atty., of Elyria, for appellee.

DOYLE Judge.

John Kominis was charged by affidavit with aiding, abetting and inducing the delinquency of William Gemble, a fifteenyear-old boy, in that he furnished the child with intoxicating liquor 'causing his intoxication.' Trial was had in the Probate Court, without the intervention of a jury, the defendant was found guilty, and sentence was imposed.

He now prosecutes this appeal on questions of law from the judgment rendered, and assigns as error, first, that 'the judgment of conviction and the sentence thereunder is manifestly against the weight of the evidence,' and second, that 'the facts, as disclosed by the record, do not justify a finding of guilty beyond a reasonable doubt.'

The charge was predicated upon Section 1639-45, General Code which is in the following language:

'Whoever abuses a child or aids, abets, induces, causes, encourages or contributes toward the dependency, neglect or delinquency, as herein defined, of a child or a ward of the court, or acts in a way tending to cause delinquency in such child, or who aids, abets, induces, causes or encourages a child or a ward of the court, committed to the custoday of any person, department, public or private institution, to leave the custody of such person, department, public or private institution, without legal consent, shall be fined not less than five dollars, nor more than one thousand dollars or imprisoned not less than ten days nor more than one year, or both. Each day of such contribution ot such dependency, neglect or deliquency, shall be deemed a separate offense.'

Under Section 1639-1, General Code, the word 'child' as used in the act 'includes any child under eighteen years of age.'

There is testimony in the record to the effect that the defendant sold whiskey to the child and that he became intoxicated. There is likewise testimony countering this evidence. The trier of the...

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