Legal Opinion

In Re Brady

Ohio Supreme Court

Decided May 11, 1927No. 20443PublishedCited by 11 opinions

1Opinion of the Court

By the Court.

It is the contention on behalf of the applicant, Virginia Brady, that Section 2148-9, General Code, is in conflict with Section 1, Article XIV, of the Constitution of the United States, in that the same punishment is not given to male violators of the same section of the Code which Virginia Brady is charged with having violated, and that she is .therefore deprived of equal protection of the law, because there is no indeterminate sentence for men found guilty of a misdemeanor.

It is an elementary rule of statutory construction, that, when possible, such a construction shall be…

2Cases cited20 opinions

  1. Moore v. IllinoisSupreme Court of the United States · 1852
  2. Ex parte LiddellCalifornia Supreme Court · 1892
  3. People ex rel. Bradley v. Illinois State ReformatoryIllinois Supreme Court · 1894
  4. Ughbanks v. ArmstrongSupreme Court of the United States · 1908
  5. Commonwealth v. PearMassachusetts Supreme Judicial Court · 1903

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3Cited by11 opinions

  1. United States Ex Rel. Robinson v. YorkDistrict Court, D. Connecticut · 1968
  2. State v. PetrouOhio Court of Appeals · 1984
  3. Guthery v. JacobyOhio Court of Appeals · 1943
  4. State v. CostelloSupreme Court of New Jersey · 1971
  5. City of Chillicothe v. HerronOhio Court of Appeals · 1982

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