Legal Opinion

City of Cleveland v. Weaver

City of Cleveland Municipal Court

Decided November 3, 1983No. 83 CRB 7329Published

1Opinion of the CourtAdrine, J.

The defendant, Deneen Weaver, has moved this court for an order dismissing the complaint which charges her with assault, in violation of Cleveland Municipal Code Section 621.03. In support of her motion, she argues that the aforementioned complaint is defective, in that the complainant had no personal knowledge of the facts underlying it.

The prosecution, while conceding that the complainant’s only knowledge of this incident was obtained through hearsay, maintains that the complaint is a valid charging instrument. It is the city’s position that a complainant need not have personal knowledge of…

2Cases cited7 opinions

  1. State v. SteeleOhio Court of Appeals · 1952
  2. State v. BurgunOhio Court of Appeals · 1976
  3. State v. VillagomezOhio Court of Appeals · 1974
  4. Sopko v. MaxwellOhio Supreme Court · 1965
  5. State v. BiedenharnOhio Court of Appeals · 1969

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