Koch v. State

Decided October 29, 1895

<p>Conviction before mayor under ordinance — Not bar to prosecution for same act under statute.</p> <p>A former conviction before a mayor for the violation of an ordinance is not a bar to the prosecution of an information charging- the same act as a violation of a statute.</p>

Relies on State v. Lee

Decided 1895-10-29

By the Court.

¶1In the probate court an information was filed against the plaintiff in error charging him with a misdemeanor, it being an offense against a statute. To this he pleaded in bar a' former conviction before the mayor of Akron for the same act, it being also a violation of an ordinance of said city. A demurrer to the plea was sustained.

¶2The ruling is in accord with the general course of decisions. Bloomfield v. Trimble, 54 Iowa, 399; Minnesota v. Zee, 29 Minn. 445; Robbins v. The People, 95 Ill., 175; Colley’s Const. Lim., 239.

¶3Judgment affirmed.