# City of Columbus v. Mauk

> Ohio Court of Appeals · July 2, 1963 · 1 Ohio App. 2d 38

URL: https://www.frixlaw.com/law-library/cases/3721629

## Case

- **Full name:** City of Columbus, Appellee, v. Mauk, Appellant; City of Columbus, Appellee, v. Dowd, Appellant
- **Court:** Ohio Court of Appeals
- **Decided:** July 2, 1963
- **Citations:** 1 Ohio App. 2d 38; 30 Ohio Op. 2d 65; 203 N.E.2d 653; 1963 Ohio App. LEXIS 623
- **Precedential status:** Published
- **Opinion:** Concurrence by Dueeey
- **Judges:** Bryant, Dueeey, Dtteeey, Troop
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3721629

## Opinion text

Dueeey, J.
concurring. I concur in the reversal on the ground that the record does not establish, in testimony or by
*48
stipulation, the venue of the crime. See 15 Ohio Jurisprudence (2d), 373, Criminal Law, Section 151, and supplement. In my opinion, the affidavit is poorly drafted but sufficient.
As to the constitutionality of the ordinance, I consider the
Neil House case
(1944), 144 Ohio St., 248 , to be doubtful in its reasoning and controversial in its result. Whether it is now a binding precedent on an intermediate court need not be answered in view of the required reversal on nonconstitutional grounds.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3721629. Public record. Not legal advice.