State v. Snyder, 32678

Citation47 O.O. 24,104 N.E.2d 169,157 Ohio St. 15
Decision Date27 February 1952
Docket NumberNo. 32678,32678
Parties, 47 O.O. 24 STATE v. SNYDER.
CourtUnited States State Supreme Court of Ohio

Syllabus by the Court.

1. The record of a judgment in a civil action is not admissible in a criminal prosecution to establish the facts essential to a conviction of the offense charged.

2. In a prosecution under Section 1639-46, General Code, which provides in part, 'whoever is charged by law with the care, support, maintenance or education of a legitimate or illegitimate child under eighteen years of age, and fails, neglects or refuses so to do, * * * may be, after trial and conviction, sentenced to imprisonment * * * or fined,' the state must show beyond a reasonable doubt that the accused comes within the class of persons charged by statute with such duty. The record of a judgment in an action for divorce, wherein the mother of such child was plaintiff and the accused was defendant and wherein such child was found to be the issue of the marriage, is not admissible to establish that the accused was 'charged by law' with the care and support of such child.

3. In a prosecution under Section 1639-46, General Code, the accused may offer evidence tending to prove that he was not the father of the child or 'charged by law' with the care and support thereof, and as a part of his defense he is entitled, on motion duly made, to an order of the court requiring the mother and child, along with the accused, to submit to blood-grouping tests, as provided in Section 12122-2, General Code.

This cause originated in the Juvenile Court of Summit County as a prosecution for nonsupport of minor children.

On the 14th day of October 1948, Audrey Snyder filed a complaint charging the accused with failure to support her twin minor daughters in violation of Section 1639-46, General Code.

The complaint is as follows:

'The state of Ohio, Summit county, Juvenile Court

'Before me, A. C. Ongley, clerk of the Juvenile Court in and for said county, personally appeared Audrey Snyder residing at 2668-30th St., Akron, who, being first duly sworn according to law, says that on or about the 12th day of October 1948, to date, in the county of Summit aforesaid, one Howard Snyder residing at works B. & W. from 4 p. m. to 12 then and there being the father of the following named children, to-wit: Carrie--Caroline (twins) age 2 years, and being charged by law with the care, support, maintenance and education of said children, did fail to provide for and support said minors, said nonsupport continuing from Sept. 14, 1948, to date 4/27/50 contrary to the statute in such case made and provided and against the peace and dignity of the state of Ohio.

(s) Audrey Snyder

'Sworn to before me and signed in my presence, this 14th day of October, 1948.

(s) Bernard J. Roetzel

Judge & ex-officio clerk of the Juvenile Court.

(s) A. C. Ongley

Deputy clerk'

(The italicized portions were inserted in a printed form.)

The accused filed a motion seeking an order requiring the prosecuting witness, the two minor children and the accused to submit to blood-grouping tests. This motion was overruled.

The accused was thereupon tried upon the complaint and found guilty of the charge. Upon appeal the Court of Appeals affirmed the judgment, one judge dissenting.

The cause is before this court following the allowance of a motion by the accused to certify the record.

Hadley & Vale, Akron, for appellant.

Alva J. Russell, Pros. Atty., and Alfred E. Vuillemin, Akron, for appellee.

MATTHIAS, Judge.

Numerous errors are assigned by the accused as grounds for the reversal of the judgment.

Section 1639-46, General Code, for the violation of which the accused was convicted, provides as follows: 'Whoever is charged by law with the care, support, maintenance or education of a legitimate or illegitimate child under eighteen years of age, and fails, neglects or refuses so to do, or who abandons such child, or who beats, neglects, injures or otherwise illtreats such child, or causes or allows him or her to engage in common begging and whoever is charged by law with the care, support, maintenance or education of a legitimate or illegitimate child under twenty-one years of age who is physically or mentally handicapped, and fails, neglects or refuses to care for, support, maintain or educate such child, upon complaint filed in a court exercising the jurisdiction conferred in this chapter, may be, after trial and conviction, sentenced to imprisonment for not more than one year, or fined not more than five hundred dollars, or both, and the judge may order that such person stand committed until such fines and costs are paid; provided, that if he shall pay promptly each week to the court or to a trustee named by such court a sum to be fixed by it for such purpose, sentence may be suspended. Such neglect, nonsupport or abandonment shall be deemed to have been committed in the county in which such child may be at the time of such neglect, nonsupport or abandonment. Each day of such failure, neglect, or refusal shall constitute a separate offense.'

In the trial of the case, over the objection of the accused, the state introduced in evidence the record of a judgment theretofore entered in the Court of Common Pleas of Summit County in a case in which the plaintiff was the complainant in this action, and the defendant was the accused herein and where in the court granted the plaintiff a divorce from the defendant. It contained a finding that the two children, therein named 'Karen Snyder and Carolyn Snyder' (twins), were born as the issue of the marriage and an order that the defendant pay $15 per week for the support of the children until further order of the court.

The complainant testified that she married the accused on November 5, 1945, and the twin girls were born of such marriage on March 31, 1946; that the accused was their father; and that she was divorced from him May 6, 1947, and awarded custody of the children. Following the introduction of the record in the divorce case, the state rested its case.

The accused testified as a witness in his own behalf and offered evidence tending to show that he was not the father of the children. The court rejected such evidence for the reasons that 'it is not essential for the state i...

To continue reading

Request your trial
24 cases
  • Franklin v. Julian
    • United States
    • Ohio Supreme Court
    • June 7, 1972
    ...suffices to permit the same issue to be decided in a civil action for support and necessaries furnished. See, also, State v. Snyder (1952), 157 Ohio St. 15, 104 N.E.2d 169 (divorce decree, finding paternity, not admissible in criminal action to prove paternity-blood-grouping test admissible......
  • State v. David Christman
    • United States
    • Ohio Court of Appeals
    • May 28, 1999
    ...Ohio St. 485 for the proposition that the admission of a civil court's judgment into a criminal trial mandates reversal. In State v. Snyder (1952), 157 Ohio St. 15, the cited Gee and stated, "The general rule is well established that the introduction of the record of a judgment in a civil a......
  • Dayhoff v. State
    • United States
    • Maryland Court of Appeals
    • December 15, 1954
    ...v. Loudon, 114 N.J.Eq. 242, 168 A. 840, 89 A.L.R. 904; Lynch v. Rosenberger, 121 Kan. 601, 249 P. 682, 60 A.L.R. 376; State v. Snyder, 157 Ohio St. 15, 104 N.E.2d 169; People v. Powers, 340 Ill.App. 201, 91 N.E.2d 637; Sayles v. Sayles, 323 Mass. 66, 80 N.E.2d 21, 4 A.L.R.2d 564; and City o......
  • State v. Christopher J. Cole Iii
    • United States
    • Ohio Court of Appeals
    • March 23, 1994
    ...finding, however, may not be used to resolve a disputed paternity issue involving the two children in a subsequent criminal nonsupport trial. Id.[4] Because, in this case, twenty-six-week finding from a civil contempt proceeding would have been found only by a preponderance--not beyond a re......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT