Coyne v. State

Edward Coyne was convicted for the offense of larceny in the Municipal Court of Cleveland Heights. He prosecuted error to the Cuyahoga Common Pleas, which court dismissed his petition in error and affirmed the Cleveland Heights Municipal Court.

Error was prosecuted to the Court of Appeals and it was claimed that at the time of sentence there was no legally constituted municipal court in Cleveland Heights.

The Court of Appeals held:

1. If there were no such office or officer, the Common Pleas Court, when it dismissed Coyne’s petition in error, committed error.

2. Under Article I of the Ohio…