STATE, EX REL. VITORATOS, v. GROSS

Affidavit of complaint — Mandamus to require clerk to furnish accused certified copy — Document not in clerk's possession — Petition dismissed.

Per Curiam.

Relator seeks by this mandamus action to compel respondent, Clerk of the Canton Municipal Court, to sell relator a certified copy of the original affidavit of complaint filed against him. The pleadings disclose that the clerk has not refused to furnish the copy requested, but that he does not have the document in his possession. Therefore, respondent's motion to dismiss relator's petition is sustained.

Petition dismissed.

O'NEILL, C.J., LEACH, SCHNEIDER, HERBERT, DUNCAN, CORRIGAN and STERN, JJ., concur.

LEACH, J., of the Tenth Appellate District, sitting for MATTHIAS, J.