Matthews v. Russell, Supt.

OPINION

By MILLER, PJ.:

This is a habeas corpus proceeding originating in this court. The facts disclose that the petitioner was convicted of assault and battery in the Municipal Court of Dayton, Ohio, and sentenced to serve one year in the Workhouse and to pay a fine of $1,000.00 and costs. This is the maximum penalty as defined by ordinance Section 943-2 of the City of Dayton. The maximum penalty as prescribed by §12423 GC for this offense is a fine of not more than $200.00 or imprisonment for not more than six months' or both. The petitioner is contending that the ordinance under which he…