[wilson1010]

CITY OF COLUMBUS, APPELLEE, v. WEBSTER, APPELLANT

No. 35953

Supreme Court of Ohio

170 Ohio St. 327; 164 N.E.2d 734; 1960 Ohio LEXIS 596; 10 Ohio Op. 2d 419


February 10, 1960, Decided

PRIOR HISTORY: [***1] CERTIFIED by the Court of Appeals for Franklin County.

This action arose as a result of defendant, appellant herein, being charged with certain parking violations contrary to the ordinances of the city of Columbus. A plea of not guilty was entered by defendant. Upon the trial of the action before the Municipal Court, the prosecution introduced evidence that on the dates specified in the affidavits an automobile registered in defendant's name was tagged for these violations.

At the trial, no evidence was introduced that defendant parked the automobile, the prosecution relying on the provisions of a city ordinance that, where an automobile is found illegally parked and the identity of the driver cannot be determined, the person in whose name such vehicle is registered is prima facie responsible for the violation. Defendant introduced no evidence but moved that the charges be dismissed on the grounds that the ordinance is unconstitutional and that the prosecution had not proved beyond a reasonable doubt that the defendant had committed the offenses. The court upheld the validity of the ordinance, overruled defendant's motion and found defendant guilty. The defendant appealed to [***2] the Court of Common Pleas where the judgment was affirmed. Upon appeal to the Court of Appeals the judgment was again affirmed and that court certified the record of the case to this court on the ground that the Court of Appeals judgment is in conflict with the judgment of the Court of Appeals for Hamilton County, in an unreported case, affirming the judgment in the case of McCarthy v. City of Cincinnati, 27 N. P. (N. S.), 362.

DISPOSITION: Judgment affirmed.