
    (Sixth Circuit—Lucas County, O,, Circuit Court
    Jan’y Term, 1894.)
    Before Bentdey, Haynes and Scribner, JJ.
    The State of Ohio v. J. M. Bour.
    
      Prosecution under act punishing adulteration of vinegar, etc. — Judgment by , common pleas acquitting defendant final; and on exceptions by the state the circuit court has no jurisdiction to entertain a petition in error.
    
    Error to the Court of Common Pleas of Lucas County.
    
      G. A. Palmer, for plaintiff in error.
   Bentley, J.

Bour was prosecuted before a justice of the peace of Lucas county for a violation of the statute regarding the sale of adulterated vinegar, and convicted, and sentenced to pay afine and the costs of prosecution and the costs of analyzing and inspecting said vinegar. On Bour’s petition in error in the court of common pleas, that court reversed said judgment, and an exception was entered on behalf of the state. The state now presents this petition in error in the circuit court to reverse said judgment of reversal.

Held, by the circuit court: That it has no jurisdiction of such an action, and that the said judgment of the common pleas is final as to the State. See State v. Simmons, 49 Ohio St. 305.  