COLLIER, J.
This is an appeal on questions of law from an order of the Common Pleas Court of Scioto County, releasing from custody the petitioner in a habeas corpus proceeding. The case was submitted to the trial court upon an agreed statement of facts, which, briefly, are as follows:
The petitioner, William McCoy, was charged by affidavit in the Municipal Court of Portsmouth on June 11, 1952, with a violation of Section 6307-20, General Code, upon the highways...
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