STATE v. COSTELLO

No. 12107.

24 Ohio Misc. 295 (1970)

THE STATE OF OHIO v. COSTELLO.

Municipal Court of Ashtabula.

Decided July 8, 1970.


Attorney(s) appearing for the Case

Mr. R. Vaughn Tittle, assistant city solicitor, for plaintiff.

Mr. Tom R. Bailey, for defendant.


OLSEN, J.

This case came on for argument on a motion for a new trial. The motion filed by the defendant sets forth some fourteen grounds, none of which were argued by the defendant. The sole argument presented to the court is that there was a variance between the affidavit and the proof.

The affidavit sets forth that: "on or about the 27th day of September, A. D., 1969, in the city of Ashtabula, county of Ashtabula and state of Ohio, one, Donald J. Costello...

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