Ohio Supreme Court, 1950

Birns v. Sweeney

Ohio Supreme Court · Decided July 12, 1950 · Weygandt, Matthias, Hart, Zimmerman, Stewart, Turner, Tart

93 N.E.2d 562; 154 Ohio St. 137; 154 Ohio St. (N.S.) 137; 42 Ohio Op. 199; 1950 Ohio LEXIS 395 (North Eastern Reporter, Second Series)

Cases that cite this one

10 later published cases cite this decision.

State v. Jones, Unpublished Decision (5-24-2001) (Ohio Ct. App. 2001)
Dean v. Maxwell (Ohio 1963)
Barker v. Sacks (Ohio 1962)
Weaver v. Sacks (Ohio 1962)
Spence v. Sacks (Ohio 1962)
Johnson v. Sacks (Ohio 1962)
Vertz v. Sacks (Ohio 1962)
Foran v. Maxwell (Ohio 1962)
Carmelo v. Maxwell (Ohio 1962)
In re Glatz (Ohio Ct. App. 1953)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court.

A proceeding in habeas corpus cannot be used as a substitute for the remedy of appeal (Ex parte Elicker, 117 Ohio St., 500, 159 N. E., 478), nor can it be employed as a remedy by a person who has been convicted of a criminal offense and subjected to a fine and imprisonment which he claims to be in excess of the maximum prescribed by law (Ex parte Van Hagan, 25 Ohio St., 426, 432).

The petitioner having pursued the wrong remedy, we do not consider the validity of the sentence.

The relief prayed for is denied.

Petitioner remanded to custody.

Weygandt, C. J., Matthias, Hart, Zimmerman, Stewart, Turner and Tart, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.