State v. Miller

This cause came on to be heard upon the appeal from the Municipal Court of Hamilton County.

On June 3, 1986, a complaint and an affidavit were filed, charging appellant with misdemeanor theft in violation of R.C. 2913.02. The cause proceeded to trial, a jury was impaneled and opening statements were made by counsel. At that time, it was discovered that the complaint and affidavit, while notarized, were not signed in the space designated “Complainant.” Appellant’s counsel made an oral motion to dismiss the charge, which the trial court granted.

A second complaint and affidavit were filed against…