Wednesday, November 02, 2011

Ohio HB 86 (aside)

Delaware County's law library brought an almost 110-year old case to our attention yesterday morning with respect to questions being raised with respect to Ohio HB 86 issues.
In re Kline, 70 Ohio St. 25 (1904) Where a statute defining a crime and prescribing the punishment is repealed before the final judgment in a prosecution there under, such repeal forecloses all further proceedings, unless a contrary intent appears in the repealing statute; but, when the repeal occurs after final judgment, it does not vacate or modify the judgment, or render it invalid.

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