
    Koch v. The State.
    
      Conviction before mayor under ordinance — Not bar to prosecution for same act under statute.
    
    A former conviction before a mayor for the violation of an ordinance is not a bar to the prosecution of an information charging- the same act as a violation of a statute.
    (Decided October 29, 1895.)
    ■ Error to the circuit court of Summit county.
    
      Welsh (& Satoyer, for plaintiff in error.
    
      Samuel G. Rogers, for defendant in error.
   By the Court.

In the probate court an information was filed against the plaintiff in error charging him with a misdemeanor, it being an offense against a statute. To this he pleaded in bar a' former conviction before the mayor of Akron for the same act, it being also a violation of an ordinance of said city. A demurrer to the plea was sustained.

The ruling is in accord with the general course of decisions. Bloomfield v. Trimble, 54 Iowa, 399; Minnesota v. Zee, 29 Minn. 445; Robbins v. The People, 95 Ill., 175; Colley’s Const. Lim., 239.

Judgment affirmed.  