Milnark v. City of Eastlake

Defendant appeals a judgment and sentence of the Willoughby Municipal Court upon a conviction for violating an ordinance of the city of Eastlake pertaining to driving while under the influence of alcoholic beverage.

He assigns as error the overruling of his motions at the close of plaintiff’s case that the testimony of the two arresting officers be stricken and that judgment of acquittal be entered.

It is conceded that if the first motion was proper so was the second, since plaintiff presented no other evidence.

It is defendant’s claim that the testimony should have *186been stricken because no…