Dunn v. Mayor and Council of City of Wilmington

HERRMANN, Justice.

The question posed by the appellant is this: May the Mayor and Council of Wilmington enact, and the Municipal Court of Wilmington enforce, an ordinance creating a crime for which imprisonment may be the penalty, other than for default of payment of a fine?

The appellant was charged in the Municipal Court of Wilmington with violation of the Ordinance, enacted by the Mayor and Council of Wilmington, creating the criminal offense of disorderly conduct within the City limits and providing a penalty of fine or imprisonment, or both. The appellant appeared with counsel and entered…