State v. Orby

Epitomized Opinion

Published Only in Ohio Law Abstract

An affidavit was filed in the court of Mayor Hill of Lakwood, O., and a warrant sworn out for defendant Louis Orby charging him With the offense of having liquor in his possession. The affidavit was sworn to by Police .Lieutenant Lang and was certified by Mayor Hill as being sworn to by Lang. After a motion to quash and a demurrer had been overruled, Orby pleaded not guilty. Lang testified on the wfitnessstand that he did not hold up his hand and swear before Mayor Hill before signing the affidavit. The Mayor went forward with the case,…