HUNSICKER, J.
This is an appeal on questions of law from a judgment of guilty of the offense of loitering. The affidavit, which is the basis of the conviction, in its pertinent part says that Henry Effland "unlawfully did loiter in said city of Akron, in violation of Section 40, Chapter No. 25, of the Code of the city of Akron * * *."
The ordinance which was allegedly violated reads in part as follows:
"It shall be unlawful for any person to loiter...
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