COLE, J.
On February 4, 1974, the defendant, the appellant herein, was charged with a violation of Section 909-1 of the Cincinnati Municipal Code prohibiting certain acts of public indecency. On April 17, 1974, a motion to dismiss was filed on the grounds that this constituted a fourth degree misdemeanor, and that under R. C. 2945.71(B)(1) a person charged with a fourth degree misdemeanor must be tried within 45 days after he is arrested or served with a summons....
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