# Makley v. State, 197 N.E. 339, 49 Ohio App. 359 (Ohio Ct. App. 1934)

Canonical: https://mobfiles.org/items/courtlistener-makley-v-state-197-ne-339/

Ohio Court of Appeals opinion affirming Charles Makley's conviction for killing Allen County Sheriff Jess L. Sarber at the Lima jail on 12 October 1933, when Dillinger was freed.

The Ohio Court of Appeals for Allen County affirmed Charles Makley's conviction for the killing of Sheriff Jess L. Sarber on October 12, 1933. The court states that Makley, Harry Pierpont and an unidentified accomplice entered the sheriff's office at the Allen County jail, said they were officers from Michigan City, Indiana, and asked to see the prisoner John Dillinger. "When the sheriff Jess Sarber, - who was sitting at a desk in the office, asked for their credentials, they drew and pointed their guns at him stating that they, the guns, were their credentials, and then proceeded to shoot him."

This is a state prosecution, not a federal one, and is filed here because it records the Lima jail break that Identification Order No. 1217 lists in Dillinger's record ("escaped October 12, 1933"). Pierpont's companion appeal, decided the same day, is cited above.

## Sources

- CourtListener: https://www.courtlistener.com/opinion/3969517/makley-v-state/
- Pierpont v. State, 195 N.E. 264 (Ohio Ct. App. 1934), CourtListener: https://www.courtlistener.com/opinion/4023179/pierpont-v-state/