STATE, EX REL. FOCKE v. KIRKPATRICK

No. 2317.

99 Ohio App. 131 (1955)

THE STATE, EX REL. FOCKE, v. KIRKPATRICK, CHIEF OF POLICE.

Court of Appeals of Ohio, Montgomery County.

Decided January 26, 1955.


Attorney(s) appearing for the Case

Mr. Joseph W. Sharts and Mr. Otterbein Creager, for relator.

Mr. Herbert S. Beane, law director, Mr. William P. Keane and Mr. Arthur O. Fisher, for respondent.


Per Curiam.

This cause is submitted on the motion of respondent to dismiss the petition for a writ of habeas corpus. The relator invoked the original jurisdiction of this court. The facts have been stipulated.

The relator was arrested by the Police Department of the city of Dayton for a violation of an ordinance of the city. Relator filed a motion to quash, which was overruled. He is now awaiting trial in the Municipal Court of Dayton. The stipulated...

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