State v. Lindsey

OPINION

By ROSS, J.

Appeal from the Court of Common Pleas of Hamilton County upon questions of law.

The entry of that Court appealed from is in the following terms:

“This cause came on to be heard upon the affidavit of Thomas Lindsey and statements of counsel and was submitted to the Court.

“Upon consideration the court finds said affidavit not well taken and hereby orders that this proceeding be dismissed. To all of which Thomas Lindsey excepts.”

It appears from the record that the defendant appellant was charged with the crime of assault and battery in an affidavit filed in the court of Frank…