Ohio Circuit Courts December 15, 1908 (Lynch v. State)

DONAHUE, J.

This proceeding in error is prosecuted to reverse the judgment of ■the mayor of the city of Delaware, finding the plaintiff in error guilty ■of a misdemeanor, and adjudging him to pay a fine.

The first contention is, that the affidavit filed with the mayor in this case is defective, and does not state a crime under the laws of Ohio.

It is contended that if the prosecution is under Sec.