Criminal law — Pardon and Parole Commission — Action declaring paroled convict a parole violator — Not reviewable in habeas corpus action.
Per Curiam.
The period from March 1950, when petitioner was declared a parole violator, to October 1955, when he was released from the Indiana State Prison, at which time he was restored to parole by respondent, cannot be counted as time toward the serving of his maximum sentence. Section 2965.21, Revised Code.
The action of the Pardon and Parole Commission in declaring petitioner to be a parole violator before the expiration of the maximum period of his sentence and before his final release by that commission is not reviewable in a habeas corpus proceeding, even though petitioner has been returned to the penitentiary because of such action. In re Varner, 166 Ohio St. 340.
Petitioner remanded to custody.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and PECK, JJ., concur.