Opinion
No. 33070
Decided December 3, 1952.
Habeas corpus — Petitioner discharged from custody pending appeal — Dismissal — Moot question.
APPEAL from the Court of Appeals for Montgomery county.
On June 11, 1951, appellant was arrested for operating a motor vehicle while under the influence of alcohol. On the following day he was tried in a mayor's court, found guilty, sentenced to six months confinement and assessed a fine of $500 with costs, on which he was to receive a credit of three dollars per day for each day of confinement.
On December 13, 1951, appellant filed a petition in habeas corpus in the Court of Appeals, urging that the mayor was without jurisdiction in the case. That court, on April 16, 1952, entered judgment denying the relief sought. An appeal was taken to this court on April 26, 1952, appellant was released from custody on May 2, 1952, and the cause was heard in this court on November 12, 1952.
Mr. Harvey Crow, for appellant.
Mr. Herbert S. Beane, city attorney, and Mr. Cecil Edwards, for appellee.
It appearing that appellant has been discharged from custody, the questions presented are moot. The appeal is, therefore, dismissed on authority of Miner v. Witt, City Clerk, 82 Ohio St. 237, 92 N.E. 21.
Appeal dismissed.
WEYGANDT, C.J., ZIMMERMAN, STEWART, MIDDLETON, TAFT, MATTHIAS and HART, JJ., concur.