Ohio Court of Appeals, 1929

State ex rel. Cermak v. Barry

State ex rel. Cermak v. Barry
Ohio Court of Appeals · Decided April 15, 1929 · Levine, Sullivan, Vickery
7 Ohio Law. Abs. 663; 1929 Ohio Misc. LEXIS 1212

State ex rel. Cermak v. Barry

Opinion of the Court

EPITOMIZED OPINION

Where the conviction of the captain of a city fire department was reversed in the Federal Court because the evidence upon which he was convicted was procured by entrapment, there being no question otherwise as to his guilt, he is not, on mandamus, entitled to reinstatement in the fire department as against a rule disqualifying a member because of “conduct unbecoming a gentleman.”

Opinion by

VICKERY, P. J. SULLIVAN, J. concurs. LEVINE, J. dissents.

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