
    STATE v. POPOVICH.
    Ohio Supreme Court.
    No. 20890.
    Decided March 14, 1928.
    Exceptions to Tuscarawas Common Pleas.
    Exceptions sustained.
    396. DIRECTED VERDICTS — 333. Criminal Law — 629. Indictments.
    Where indictment charges specific violation of law, and evidence offered by state tends to support such charge, error for trial court to direct verdict of not guilty, notwithstanding fact that no evidence is offered tending to establish further charge in indictment that offense committed is third offense of like kind by accused.
   KINKADE, J.

When an indictment charges a specific violation of law, and evidence offered by the state tends to support the allegations of the indictment, it is error for the trial court to withdraw such evidence from the consideration of the jury and direct a verdict of not guilty in favor of the accused, notwithstanding the fact that no evidence is offered on behalf of the state tending to establish a further charge in the indictment that the offense committed is the third offense of like kind by the accused.

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