CITY OF COLUMBUS v. JACKSON

No. 4793.

93 Ohio App. 516 (1952)

CITY OF COLUMBUS, APPELLEE, v. JACKSON, APPELLANT.

Court of Appeals of Ohio, Franklin county.

Decided October 6, 1952.


Attorney(s) appearing for the Case

Mr. Richard W. Gordon, city attorney, and Mr. Walter W. Grelle, for appellee.

Mr. Isadore Margulis, for appellant.


WISEMAN, J.

This appeal is on questions of law from a judgment of the Municipal Court of Columbus. The defendant was convicted on the charge of driving while intoxicated.

The affidavit was in the usual form. The only witness called was the arresting officer. On cross-examination he testified that he had not sworn to the affidavit, although it purported to have been sworn to before a deputy clerk. At this juncture the defendant's counsel moved for a dismissal...

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