
    No. 797
    DAYTON v. SCHMIDT
    Ohio Appeals, 2d Dist, Montgomery County
    No. 586.
    Decided Sept. 18, 1924
    905. PEDDLERS — Showing violation of ordinance prerequisite to conviction for peddling.
    Attorneys- — John B. Harsham, Walter V. Snyder, Guy H. Wells and Max G. Dice, for City of Dayton; W. L. Connors, for Schmidt.
   BY THE COURT.

Epitomized Opinion

Published Only in Ohio Law Abstract

Schmidt was convicted in Dayton Municipal Court with having unlawfully, as a peddler and huckster, sold and offered for sale on the public streets of Dayton certain goods and merchandise, namely, ice, without having obtained and paid for a license. The affidavit further charged that the ice was not manufactured by Schmidt, and was not a product of his own raising, and that he did not have a license issued by the state to peddle or auction goods.

The conviction Was reversed by the Common Pleas. In sustaining the Common Pleas, the Court of Appeals held:

1. Before the city could secure a lawful conviction of the accused it was incumbent upon it to establish that he sold or offered for sale upon the public highways or - grounds of the city the ice, and that the sale was made as a peddler. As the evidence did not show this to be the case, the conviction was unwarranted.  