Larney v. City of Cleveland
Larney v. City of Cleveland
Opinion of the Court
The judgment below must be reversed.
1-. Under the ordinance, six months’ imprisonment can be imposed only upon conviction of the third, or subsequent, violation of the ordinance, and in order to support such sentence, the information should show that, at least two previous violations of the ordinance had been committed by the defendant. The rule, and the principle upon which it is founded, are well stated by Mr. Bishop : “ "Where the offense is the first, or is prosecuted as such, the indict
2. The terms of the sentence were too uncertain and indefinite. Williams v. The State, 18 Ohio St. 47; Picket v. The State, 22 Ohio St. 405.
Judgment reversed, and cause remanded to police court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.