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STATE v. HOLBERT

No. 73-489.

38 Ohio St. 2d 113 (1974)

THE STATE OF OHIO, APPELLEE, v. HOLBERT, APPELLANT.

Supreme Court of Ohio.

Decided May 1, 1974.

Attorney(s) appearing for the Case

Mr. Harry O. Wheaton, Jr., city solicitor, and Mr. William F. Morris, for appellee.

Mr. Alex J. Robertson, for appellant.

STERN, J.

Appellant's assignments of error in the Court of Appeals were:

"1. The township patrolman in this case was prohibited by O. R. C. Sec. 4513.39 from initiating the two charges in question against the defendant. The court erred in not dismissing the charges at the conclusion of the state's case.

"2. The court did not have jurisdiction over the person of the defendant since the defendant was never arrested for the two charges and did not submit...

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