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CITY OF TOLEDO v. KOHLHOFER

No. 4767.

96 Ohio App. 355 (1954)

CITY OF TOLEDO, APPELLANT, v. KOHLHOFER, APPELLEE.

Court of Appeals of Ohio, Lucas County.

Decided March 15, 1954.

Attorney(s) appearing for the Case

Mr. Robert Dorrell, for appellant.

Messrs. Hartman, Wynn & Carter and Mr. Dan H. McCullough, for appellee.

FESS, J.

This is an appeal by the city of Toledo on questions of law from a judgment of the Municipal Court of Toledo sustaining a demurrer and dismissing an affidavit charging that the defendant "did, at 2 N. Erie Street in the city of Toledo, Ohio, sell, offer for sale and did exhibit a device or article, to wit: a rubber device commonly known as a condom, intended for the prevention of conception, the same being contrary to Section 17-10-8 of the Municiple [

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