67 N.E.2d 713
No. 30697Supreme Court of Ohio.
Decided June 12, 1946.
Supreme Court — Dismissal — No debatable constitutional question involved — Criminal law — Conviction of violation of Cleveland ordinance — Sentence of $200 fine and imprisonment — Affirmance by Court of Appeals and appeal dismissed by Supreme Court — Surrender by offender to chief of police and proffer of $100 refused — Mandatory to discharge such offender upon payment of part of fine — Sections 394 and 395, Municipal Code of Cleveland — Habeas corpus not proper remedy, when — Such municipal code sections in conflict with general laws, when — Sections 13451-9 and 13451-15, General Code — Section 3, Article XVIII, Constitution.
APPEAL from the Court of Appeals of Cuyahoga county.
Page 695
Messrs. Parker, Shackelford Dixon, for appellant, James Parks.
Mr. Lee C. Howley, director of law, Mr. Anthony A. Rutkowski
and Mr. Bernard J. Conway, for appellee, City of Cleveland.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, BELL, WILLIAMS, TURNER, MATTHIAS and HART, JJ., concur.