Gates v. Cleveland (City)

Citations

• 33 Ohio C.C. Dec. 80
• 18 Ohio C.C. (n.s.) 349
• 1911 Ohio Misc. LEXIS 257

Syllabus

<p>CRIMINAL LAW — WEIGHTS AND MEASURES</p> <p>1. Police Court Takes Judicial Notices of Ordinances.</p> <p>The police court of a municipal corporation may take judicial notice of its ordinances, but the common pleas and circuit court may not do so.</p> <p>2. Reviewing Court Assumes Validity of Ordinance not Appearing In Record.</p> <p>Upon conviction in a police court for violation of a municipal ordinance of which that court took judicial notice, the bill of exceptions failing to show the terms of the ordinance, the higher courts will assume the existence of a valid ordinance authorizing the conviction, if the offense charged in the affidavit is one as to which the municipality has power to legislate.</p> <p>3. Ordinance against Exposing for Sale Turnips in Receptacle not Tested and Sealed by City Sealer, Invalid.</p> <p>Municipal corporations are not vested with power to make it an offense “to expose for sale turnips in a receptacle not tested, marked and sealed by the city sealer,” and a conviction by a police court on such a charge will be set aside.</p>