State v. Climer

The affidavit herein was filed on August 15, 1974, charging defendant with felonious assault allegedly occurring April 26, 1974. The affidavit cited defendant for a violation of the provisions of E. C. 2903.11(A)(1), a felony of the second degree. On September 3, 1974, defendant filed a motion to dismiss.

The defendant’s motion raises the question of former jeopardy and the record in this regard indicates that on May 16, 1974, the within defendant was similarly charged with felonious assault in violation of R. C. 2903.11(A) (1). This former charge was carried on the docket of this court as…