Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

STATE, EX REL. LEE v. ALVIS

Court of Appeals of Ohio.
Jul 5, 1949

Habeas corpus — Remedy not available, when — Petitioner tried and sentenced by court having jurisdiction — No denial of due process shown.

Where the court which tried and sentenced the petitioner had jurisdiction of the person and of the offense charged and there is no showing of a denial of due process, such petitioner will not, in a habeas corpus proceeding, be discharged from custody.

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.