STATE v. CHRISMAN

No. 40337.

9 Ohio St. 2d 27 (1966)

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

Supreme Court of Ohio.

Decided December 28, 1966.


Attorney(s) appearing for the Case

Mr. John C. Young, city attorney, Mr. Gordon L. Stroufe, Mr. Jack D. Shumate and Mr. J. Larry Lacksen, for appellant.

Messrs. Bessey, Sexton & Bessey, for appellee.


Per Curiam.

Defendant presents the question whether the original defective affidavit was amendable, and whether counsel may agree to the amendment of such affidavit, waive the reswearing and proceed to trial on schedule. He admits that "counsel should have objected * * * but did not do so at the time of trial through oversight, nor did he object to it upon review."

The defendant, by his counsel, specifically consenting to the method of amendment and...

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