
    No. 4
    YUTZE v. COPELAND
    No. 17942
    Charles Yutze v. William Copeland, as Chief of Police of the City of Cincinnati.
    Error to the Court of Appeals of Hamilton county. See p. 4.
    601 — HABEAS CORPUS — Writ of not to take place of proceedings in error in criminal case, where convicting court had jurisdiction and power to decide.
   JONES, J.

A writ of habeas corpus will not lie to test the constitutionality, of a statute or ordinance, in favor of one who has been convicted, where the criminal court wherein conviction was obtained had jurisdiction or power to determine the question of constitutionality. In such case the writ cannot be made a substitute for proceedings in error.

Judgment affirmed.

Marshall, C. J., Wanamaker, Robinson, Matthias, Day and Allen, JJ., concur.  