State, Ex Rel. Focke v. Kirkpatrick

This cause is submitted on the motion of respondent to dismiss the petition for a writ of habeas corpus. The relator invoked the original jurisdiction of this court. The facts have been stipulated.

The relator was arrested by the Police Department of the city of Dayton for a violation of an ordinance of the city. Re•lator filed a motion to quash, which was overruled. He is now awaiting trial in the Municipal Court of Dayton. The stipulated facts do not show that relator is in custody; however, the petition alleges he is being restrained of his liberty by the chief of police, and it seems to be…