City of Youngstown v. Penza

The affidavit in this case charged that the defendant ‘ ‘ did unlawfully commit and promote a disturbance, and did break the peace and quiet of said city by then and there committing and promoting a breach of the peace, to-wit: By causing a disturbance at the Playhouse and refusing to leave the premises, in violation of C. O. 135.-01.”

To this affidavit a motion to quash was filed. This motion was subsequently overruled. On trial the defendant was found guilty as charged.

The facts in the case are not before the court since the transcript of proceedings in the municipal court was not filed.

Defen…