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DUNN v. MAYOR AND COUNCIL OF CITY OF WILMINGTON

219 A.2d 153 (1966)

Charles DUNN, Jr., Plaintiff Below, Appellant, v. MAYOR AND COUNCIL OF CITY OF WILMINGTON, Defendant Below, Appellee.

Supreme Court of Delaware.

March 25, 1966.

Attorney(s) appearing for the Case

Oliver V. Suddard and Richard Allen Paul, of Wise & Suddard, Wilmington, for plaintiff below, appellant.

Stephen B. Potter, Asst. City Sol., for defendant below, appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice.

The question posed by the appellant is this: May the Mayor and Council of Wilmington enact, and the Municipal Court of Wilmington enforce, an ordinance creating a crime for which imprisonment may be the penalty, other than for default of payment of a fine?

The appellant was charged in the Municipal Court of Wilmington with violation of the Ordinance, enacted by the Mayor and Council of Wilmington...

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