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STATE v. MAYNARD

Nos. 38703, 38704, 38705 and 38706.

1 Ohio St. 2d 57 (1964)

THE STATE OF OHIO, APPELLEE, v. MAYNARD, APPELLANT. THE STATE OF OHIO, APPELLEE, v. DAVIS, APPELLANT. THE STATE OF OHIO, APPELLEE, v. GOLDBERG, APPELLANT. THE STATE OF OHIO, APPELLEE, v. WOHLSTEIN, APPELLANT.

Supreme Court of Ohio.

Decided December 29, 1964.

Attorney(s) appearing for the Case

Mr. John C. Young, city prosecutor, Mr. Howard P. Lowe and Mr. Jack D. Shumate, for appellee.

Messrs. Schwartz, Gurevitz & Schwartz and Mr. Richard F. Swope, for appellants.

O'NEILL, J.

Appellants assert that the Municipal Court erred when it failed to sustain defendants' motions to dismiss the actions on the ground that the court had no jurisdiction in each cause because an affidavit was filed rather than a complaint, as required by Section 3773.24, Revised Code.

In each case, an affidavit was filed by a private citizen charging that the named defendant, on a certain day, "did unlawfully engage in common labor on Sunday." The...

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