Ohio Supreme Court, 1964

Kimberling v. Maxwell

Kimberling v. Maxwell
Ohio Supreme Court · Decided January 22, 1964 · Gibson, Griffith, Herbert, Matthias, Neill, Taft, Zimmerman
175 Ohio St. (N.S.) 439

Kimberling v. Maxwell

Opinion of the Court

Per Curiam.

The basic contention of petitioner is that he was denied a speedy trial for the crime charged in the new indictment, because six years elapsed between the time he entered a plea of guilty to his original indictment and the return of the new indictment.

*440However, at the trial on the new indictment, petitioner could have urged the defense of denial of a speedy trial. He failed to raise such question but instead entered a plea of guilty. By such conduct he waived any right or defense he had in relation to a denial of a speedy trial. Partsch v. Haskins, Supt., 175 Ohio St., 139; and 57 A. L. R. (2d), 343.

Petitioner remanded to custody.

Taft, C. J., Zimmerman, Matthias, O’Neill, Griffith, Herbert and Gibson, JJ., concur.

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