CITY OF DAYTON v. SUTHERLAND

No. 362684.

42 Ohio Misc. 35 (1974)

CITY OF DAYTON v. SUTHERLAND.

Dayton Municipal Court.

Decided October 28, 1974.


Attorney(s) appearing for the Case

Mr. Steven Milby, for plaintiff.

Mr. Gus Niarchos, for defendant.


MITCHELL, J.

The defendant is before the court charged as an habitual alcoholic offender under Section 931-1 of the general ordinances of the city of Dayton, Ohio. To said charge defendant filed a motion to dismiss alleging the following:

1. That chronic alcoholism is a sickness and disease and not a crime.

2. Jailing and fining of chronic alcoholic offenders is cruel and unusual punishment and, thereby, prohibited by the Eighth Amendment to the United...

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