City of Indianapolis v. Sablica

Defendant-appellee was charged with “interfering with or taunting officer” in violation of Indianapolis Municipal Ordinance § 10-1021. Municipal Court, Room 9, granted defendant’s motion to dismiss the information, holding in part:

“(3) Municipal Ordinances §10-1021 and § 10-1023 are void as they violate Article 4, Section 22 and Section 23 of the Indiana Constitution. Ordinances § 10-1021 and § 10-1023 are further void as the City of Indianapolis has no authority to define or create criminal offenses or to set penalties for such offenses.

“(4) Ind. Ann. Stat. §§48-403, 48-1451, 48-1452 and…