City of Columbus v. Jackson

This appeal is on questions of law from a judgment of the Municipal Court of Columbus. The defendant was convicted on the charge of driving while intoxicated.

The affidavit was in the usual form. The only witness called was the arresting officer. On cross-examination he testified that he had not sworn to the affidavit, although it purported to have been sworn to before a deputy clerk. At this juncture the defendant’s counsel moved for a dismissal of the case on the ground that the court was without jurisdiction. The motion was overruled. Then, at the request of the prosecutor, the officer was…