State v. Himlerick

The Prosecuting Attorney of Jackson County, Ohio, filed on August 17, 1953, an information in the Common Pleas Court of that county, charging the defendant, appellant herein, with the offense of unlawfully operating a motor vehicle while under the influence of alcohol on August 15, 1953. When the defendant was arraigned, on this information, in the Common Pleas Court on August 17, 1953, he entered a plea in abatement in which he claims that, on August 16, 1953, an affidavit was filed in a justice of the peace court charging him with the same offense as that included in the information filed…