Ohio Court of Appeals, 1949

State, Ex Rel. Lee v. Alvis

Ohio Court of Appeals · Decided July 5, 1949 · Miller, Hornbeck, Wiseman

90 N.E.2d 602; 86 Ohio App. 240; 41 Ohio Op. 157; 1949 Ohio App. LEXIS 664 (North Eastern Reporter, Second Series)

Opinion of the Court

By the Court.

This is a proceeding in habeas corpus originating in this court.

Where the court which tried and sentenced a petitioner had jurisdiction of the person and of the offense charged and there is no showing of a denial of due process, the petitioner will not, in a habeas corpus proceeding, be discharged from custody. State, ex rel. Conners, v. DeMuth, Supt., 96 Ohio St., 519, 528, 118 N. E., 98; 20 Ohio Jurisprudence, 425, Section 6.

Petitioner remanded, to custody.

Miller, P. J., Hornbeck and Wiseman, JJ., concur.

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