State v. Wheelock

*130OPINION

By CROMER, J.

On July 16, 1951, an affidavit was filed in this court against the defendant wherein he is charged with the offense of unlawfully operating a motor vehicle upon U. S.. Route No. 48, a public highway in Union Township in said (Miami) County, while under the influence of intoxicating liquor. (Sec. 6307-19 GC.) This affidavit is made by K. M. Fitzgivens, O. S. P. (Officer of the Ohio State Patrol).

At the time set for arraignment in this case, the following motion was filed in this Court:

“Now comes the defendant and moves the Court to dismiss the defendant because the Court…