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CINCINNATI v. KELLEY

No. 75-919.

47 Ohio St. 2d 94 (1976)

CITY OF CINCINNATI, APPELLANT, v. KELLEY, APPELLEE.

Supreme Court of Ohio.

Decided July 14, 1976.

Attorney(s) appearing for the Case

Mr. Paul J. Gorman, prosecuting attorney, and Mr. J. Anthony Sawyer, for appellant.

Mr. John Andrew West and Mr. Timothy R. Cutcher, for appellee.

HERBERT, J.

The rulings of the courts below resolved, for our purposes here, all questions concerning credibility of witnesses and weight of evidence.

This appeal concerns the validity and construction of part of Section 506-1 of the Cincinnati Municipal Code, which states:

"No person who is under the influence of alcohol or a drug of abuse as defined in Section 3719.011 Ohio Revised Code shall operate or be in actual physical control of any vehicle...

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