Columbus (City) v. Van Meter

OPINION

By FESS, J.

Appeal from a judgment on a verdict in the Municipal Court of the City of Columbus, convicting defendant of operating a motor vehicle while under the influence of intoxicating liquor in violation of Section 1300 of the Columbus Code.

On February 11, 1949, a plea in abatement was sustained to an affidavit filed- January 28, 1949, charging the offense on the ground that the arresting officer, the affiant, was not present at the time the offense was alleged to have been committed. A second affidavit by the same officer was filed February 11, 1949, charging the same offense.…