STATE v. DEWEES, 6 Ohio St.2d 153 (1966)

216 N.E.2d 624

THE STATE OF OHIO, APPELLANT v. DEWEES, APPELLEE.

No. 39788Supreme Court of Ohio.
Decided May 11, 1966.

Fireworks — Sale “at retail” prohibited — Section 3743.32, Revised Code, construed — Sale to “consumer” not necessary — Sale to police officer as evidence, a sale “at retail.”

APPEAL from the Court of Appeals for Lucas County.

Defendant was found guilty by the Toledo Municipal Court of selling fireworks at retail in violation of Section 3743.32, Revised Code, which provides that “no person shall * * * sell at retail * * * any fireworks.”

A detective of the Toledo Police Department purchased a package of fireworks from defendant which was used as evidence against him.

The Court of Common Pleas, on appeal, affirmed the judgment of the Municipal Court.

The Court of Appeals reversed the judgment of the Court of Common Pleas (2 Ohio App.2d 343) and ordered the defendant discharged.

The allowance of a motion to certify the record brings the cause to this court for review.

Mr. Louis R. Young, director of law, Mr. John J. Burkhart an Mr. Joseph Goldberg, for appellant.

Mr. James Slater Gibson, for appellee.

Per Curiam.

The sale of fireworks to the police officer was a sale “at retail” within the meaning of the statute. The judgment of the Court of Appeals is reversed and that of the Municipal Court is affirmed.

Judgment reversed.

TAFT, C.J., ZIMMERMAN, MATTHIAS, O’NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.

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