Yutze v. Copeland

Ohio Supreme Court December 26, 1923

Yutze v. Copeland, 2 Ohio Law. Abs. 6 (Ohio 1923)

Allen, Day, Jones, Marshall, Matthias, Robinson, Wanamaker

Opinion of the Court

JONES, J.

A writ of habeas corpus will not lie to test the constitutionality, of a statute or ordinance, in favor of one who has been convicted, where the criminal court wherein conviction was obtained had jurisdiction or power to determine the question of constitutionality. In such case the writ cannot be made a substitute for proceedings in error.

Judgment affirmed.

Marshall, C. J., Wanamaker, Robinson, Matthias, Day and Allen, JJ., concur.

Reference

Full Case Name: Charles Yutze v. William Copeland, as Chief of Police of the City of Cincinnati
Status: Published