City of Cleveland Heights v. Gulko

Defendant, appellant herein, Irving Gulko, assigns four errors. His argument of weight is, in essence, that his conviction for Sunday sales rests under a statute creating arbitrary and unreasonable classifications in violation of the doctrine of equal protection. The statute in issue is R. C. 3773.24.

As an intermediate Court of Appeals, we have not the authority to initiate a fresh consideration of the constitutionality of the policy reflected in the statute. In our view, the federal constitutional question is foreclosed by McGowan v. Maryland (1961), 366 U. S. 420, 6 L. Ed. 2d 393; Gallagher…