Ohio Supreme Court, 1978

Kroger v. Engle

Ohio Supreme Court · Decided March 15, 1978 · Brown, Celebrezze, Herbert, Locher, Neill, Sweeney

53 Ohio St. 2d 165; 373 N.E.2d 383; 7 Ohio Op. 3d 316; 1978 Ohio LEXIS 508

Cases that cite this one

8 later published cases cite this decision.

State v. Reed (Ohio Ct. App. 2022)
State v. Cline (Ohio Ct. App. 2014)
State v. Williams (Ohio Ct. App. 2014)
State ex rel. Justice v. McMackin (Ohio 1990)
State v. Coleman (Ohio Ct. App. 2023)
State v. Caldwell (Ohio Ct. App. 2014)
State v. Daniel (Ohio Ct. App. 2013)
State v. Wheeler (Ohio Ct. App. 2011)

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

Per Curiam.

This cause is before this court pursuant to an appeal as of right from the dismissal of appellant’s petition for a writ of habeas corpus in the Court of Appeals.

Appellant’s claim for entitlement to release from imprisonment, resulting from conviction for kidnapping, was based upon the assertion that the indictment of the grand jury was not signed by the foreman or deputy foreman.

The Court of Appeals properly found that the claim related to the sufficiency of the indictment. This court stated in Chapman v. Jago (1976), 48 Ohio St. 2d 51, that, “ [t]he question of the sufficiency of the indictment does not relate to the jurisdiction of the court to try appellant for the crime for which he was convicted. Mills v. Maxwell (1963), 174 Ohio St. 523. Appellant’s remedy, if any, is by way of appeal from the judgment of conviction.”

The judgment of the Court of Appeals is therefore affirmed.

Judgment affirmed.

O’Neill, C. J., Herbert, Celebrezze, W. Brown, P. Brown, Sweeney and Locher, JJ., concur,

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