Opinion
No. 39386
Decided November 17, 1965.
Criminal procedure — Continuance for more than ten days — In claimed violation of Section 2937.21, Revised Code — Prohibition not available remedy.
APPEAL from the Court of Appeals for Cuyahoga County.
The relator was charged with a violation of a traffic ordinance, pleaded not guilty and was tried by a mayor's court which, after continuance, found relator guilty and imposed a penalty.
The relator brought the instant action in prohibition in the Court of Appeals, seeking a writ requiring the mayor's court to exercise no further jurisdiction in the cause, to vacate the finding of guilty, and to cancel the penalty against relator, contending that the mayor's court lost jurisdiction of the case because it continued the hearing for more than ten days in violation of Section 2937.21, Revised Code.
The respondent demurred to the petition.
The Court of Appeals overruled the demurrer and granted the writ.
An appeal as of right brings the cause to this court for review.
Mr. John H. Bever, for appellee.
Mr. James F. Hennessy, city solicitor, for appellant.
The mayor has jurisdiction over the subject matter of the proceedings before him and over the person of the relator. Hence, the writ of prohibition should not have been allowed. State, ex rel. O'Leary, v. Cuyahoga Falls Municipal Court, 176 Ohio St. 197.
Judgment reversed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.