This section contains the nature of the case and procedural background.

Mrs. Inez Moore (D), lives in her East Cleveland with her son, Dale Moore, Sr., and her two grandsons, Dale, Jr., and John Moore, Jr. The two boys are first cousins, rather than brothers. John came to live with his grandmother after his mother's death. D received a notice of violation from the city, stating that John was an 'illegal occupant' and directing her to comply with the ordinance. When she failed to remove him from her home, the city filed a criminal charge. D moved to dismiss, claiming that the ordinance was constitutionally invalid on its face. Her motion was overruled, and, upon conviction, she was sentenced to five days in jail and a $25 fine. The Ohio Court of Appeals affirmed after giving full consideration to her constitutional claims, and the Ohio Supreme Court denied review.

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