Cuyahoga Circuit Court November 18, 1908 (Sutter v. State)

MARVIN, J.

We reach the conclusion now which was indicated by what was said from the bench this morning. In doing so, we are not unmindful of the fact that outside of the state of Ohio a different conclusion has been reached by the highest courts in a great many other jurisdictions, but we think, in Ohio, in the case to which attention was called this morning, being that Warner v.