City of Cincinnati v. Schill

This court has read the authorities cited by counsel on both sides of this case, and has no quarrel with any of them. The form of the affidavit in this case is not a model, but is it not sufficient under our criminal laws ?

While the plea made to the affidavit was styled a “motion to quash,” it was, as a matter of law, a motion in arrest of judgment. The court is giving Schill the benefit of the rule that a plea is known by its legal effect, when it is improperly named. Were this plea in truth a motion to quash, it was waived as a matter of law when Schill entered his plea to the affidavit.

The…