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CLEVELAND v. SMITH

No. 2001 CRB 011207.

115 Ohio Misc.2d 51 (2001)

CITY OF CLEVELAND v. SMITH.

Cleveland Municipal Court.

Decided June 12, 2001.

Attorney(s) appearing for the Case

Julie Horton-Boyle, Assistant City Prosecutor, for city of Cleveland. Kenneth J. Rexford and Legal Aid Society of Cleveland, for defendant.

C. ELLEN CONNALLY, Judge.

On April 9, 2001, the defendant, Reginald Smith, filed a motion to dismiss the complaint. Defendant alleges that Cleveland Municipal Code 627.10, possessing certain weapons at or about public places, is vague, overbroad, and a violation of the substantive due process provisions of the United States Constitution.

Cleveland Municipal Code 627.10 states:

"(a) No person shall knowingly...

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