CLEVELAND v. ELY

No. 37555.

174 Ohio St. 403 (1963)

CITY OF CLEVELAND, APPELLEE, v. ELY, APPELLANT.

Supreme Court of Ohio.

Decided April 17, 1963.


Attorney(s) appearing for the Case

Mr. Ralph S. Locher, director of law, Mr. Richard F. Matia and Mr. Edward V. Cain, for appellee.

Mr. Albert L. Ely, III, in propria persona.


HERBERT, J.

After he entered his plea of "not guilty" and the court proceeded to hear the evidence, the defendant, during his own testimony, for the first time complained that he had been unreasonably seized, unlawfully arrested, and that his constitutional rights were thereby violated; that the "arresting" officer did not actually see the happening with which defendant was charged; that such arrest was based upon hearsay; and that the affidavit was signed by the...

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