330 N.E.2d 452 | Ohio Ct. App. | 1974
Defendant is appealing the order of the County Court of Canfield overruling his motion to dismiss the charge against him of operating a motor vehicle while under the influence of alcohol, pursuant to R. C.
We know from previous cases that there is a jurisdictional question of whether there is a final appealable order in this case. The pertinent part of R. C.
"Appeal under section
The Ohio Supreme Court has held that in a criminal case there must be a sentence which constitutes a judgment or a final order which amounts "to a disposition of the cause" before there is a basis for appeal. State v. Chamberlain,
We hold that the overruling of a motion in a criminal case to dismiss a misdemeanor of the first degree charge because the accused was not brought to trial within ninety days after his arrest or service of summons pursuant to R. C.
Defendant cites the case of State v. Deckard,
Appeal dismissed.
DONOFRIO and O'NEILL, JJ., concur.
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