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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