
    Mineral City v. Render.
    
      Incorporated villages — Rights and duties of marshal.
    
    Complaint being made by the marshal of a village against a person for the violation of an ordinance, and such person being arrested by the marshal under warrant issued upon such complaint, such marshal is not thereby disqualified from performing his duties as marshal, before and during the trial of such case.
    (Decided February 27, 1894.)
    Error to the Circuit Court of Tuscarawas county.
    
      E. S. Sowers, for plaintiff in error.
    
      P. S. Olmstead, for defendant in error.
   By the Court:

Upon complaint made by the marshal to the mayor of Mineral City, charging defendant in error with a violation of the prohibition ordinance of the villag’e, a warrant was issued to the marshal for the arrest of defendant in error, and the arrest was made by the marshal. The marshal assisted the mayor in drawing and selecting a jury, served the venire and subpoenas for witnesses, attended the trial as the attending officer of the mayor’s court, called talesman to fill vacancies in the jury, and acted as attending officer during the deliberations of the jury, to all of which defendant in error objected, and objection being overruled, duly excepted.

Held: That the marshal was not, by reason of the facts stated, disqualified from performing his duties as marshal in the trial of the case, and that the objections of the defendant in error were properly overruled.

' Judgment of the circuit court is reversed, and that of the common pleas and mayor is affirmed.  