Summary
holding that time period in R.C. 2938.11(F) is directory
Summary of this case from STATE v. AKEOpinion
Nos. 39817 and 39818
Decided March 2, 1966.
County Courts — Division into areas of jurisdiction by Common Pleas Court — Section 1907.071, Revised Code — New township formed by dividing existing township — Effect on jurisdiction of County Court Areas — Delay in announcing judgment — Section 2938.11 (F), Revised Code.
APPEALS from the Court of Appeals for Tuscarawas County.
The Common Pleas Court of Tuscarawas County, in accordance with Section 1907.071, Revised Code, established areas of jurisdiction for three individual County Court Areas, namely Northern County Court Area, Central County Court Area, and Southern County Court Area, by naming the specific townships included in each area. The central area comprised, among others, Goshen Township. Thereafter the county commissioners formed a new township, named New Philadelphia, consisting of the city of New Philadelphia, all of which was previously a part of Goshen Township. Thus one township (Goshen) was divided into two townships, the area of the two being identical with that of the original township of Goshen before the division.
Thereafter the relators in these cases were charged in the County Court of Tuscarawas County, Central Area, with violation, in the city of New Philadelphia, of the Sunday Closing Act. The relators instituted the instant actions in prohibition in the Court of Appeals, seeking to prevent the County Court, Central Area, from proceeding further in such criminal cases, and requesting that the cases be dismissed for want of territorial jurisdiction.
The city of New Philadelphia does not have a Municipal Court.
It is contended in both the instant cases that the County Court, Central Area, is without jurisdiction over New Philadelphia Township because the Common Pleas Court has never specifically named that township in any area of jurisdiction.
In the Hassin case, it is contended also that Section 2938.11 (F), Revised Code, requiring that any finding by a judge shall be announced in open court not more than 48 hours after submission of the case to him, was not complied with.
The Court of Appeals denied the writ in each case.
Appeals as of right bring the causes to this court for review.
Messrs. Patrick, Patrick Lehigh and Mr. Daniel T. Lehigh, for appellants.
Mr. Harlan R. Spies, prosecuting attorney, and Mr. James R. Thomas, for appellees.
The dividing by the county commissioners of the area of one township into two townships did not effect a change in the territorial jurisdiction of the County Court. The County Court, Central Area, retains jurisdiction over the area previously designated by the Common Pleas Court, including the area of the new township created totally within the area so previously designated.
In regard to the contention in the Hassin case that Section 2938.11 (F), Revised Code, was not complied with, the petition alleges that the case was submitted on December 14, 1964, at 11 a. m., and the judgment was announced on December 16, 1964, at 2 p. m. The statutory provision is directory and was sufficiently complied with. See City of Columbus v. Nappi, 5 Ohio St.2d 99.
Judgments affirmed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.