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CITY OF WASHINGTON COURT HOUSE v. McSTOWE

No. 75-614.

45 Ohio St. 2d 228 (1976)

CITY OF WASHINGTON COURT HOUSE, APPELLEE, v. McSTOWE, APPELLANT.

Supreme Court of Ohio.

Decided March 3, 1976.

Attorney(s) appearing for the Case

Mr. James A. Kiger, prosecuting attorney, Mr. John H. Roszmann and Mr. Gary Smith, for appellee.

Messrs. Hapner & Hapner and Mr. Jon C. Hapner, for appellant.

Per Curiam.

Due process of law protects an accused against conviction except upon "proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged." In re Winship (1970), 397 U.S. 358, 364. A penal statute or ordinance, pursuant to which one is charged, must be interpreted and applied strictly against the accuser, and liberally in favor of the accused. Mentor v. Giordano...

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