State v. Axe , 6 Ohio Law. Abs. 326 ( 1928 )

KINKADE, J. •

When the evidence in a criminal case tends to sustain all the essential elements charged in the indictment, it is error for the trial court to withdraw the case from the jury and discharge the defendant.

(Marshall, CJ., Day, Allen, Robinson and Matthias, JJ., concur. Jones, J., dissents.)