City of Fremont v. Keating

Citations

• 96 Ohio St. (N.S.) 468

Syllabus

<p>Municipal corporations — Motor vehicles — Speed mdy be regulated by ordinance, when — Section 6307, General Code, unconstitutional— Section 3, Article XVIII, Constitution, 1912 — Home rule — Right to jury trial—Unaffected by failure to sentence to imprisonment, when.</p> <p>1. Section 6307, General Code, is in direct conflict with 'the provisions of Section 3 of Article XVIII of the Constitution of Ohio, authorizing municipalities to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws, and is therefore unconstitutional and void.</p> <p>2. Where imprisonment may he imposed as a punishment for the commission of an offense, the accused is entitled to a trial by jury.</p> <p>3. In such case, the fact that • imprisonment was not actually included as a part of the punishment imposed by the sentence of the court cannot affect the right of the accused to a jury trial.</p>