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CITY OF LIMA v. WARD

No. 40628.

10 Ohio St. 2d 137 (1967)

CITY OF LIMA, APPELLANT, v. WARD, APPELLEE.

Supreme Court of Ohio.

Decided April 19, 1967.

Attorney(s) appearing for the Case

Mr. James L. Kill, Mr. Quentin M. Derryberry and Mr. Robert F. Folland, for appellant.

Mr. William Guyton, Jr., and Mr. Gordon Sears, for appellee.

Per Curiam.

Lima ordinance No. 969.07 provides in its entirety that "it shall be unlawful for any person to knowingly and willfully resist, obstruct, threaten, menace or abuse any officer in the execution of his office."

The affidavit, drawn in the words of the ordinance, is not void for indefiniteness. The question of the sufficiency of the affidavit should have been raised by motion to quash before issue joined. Cincinnati v. Schill,

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