Ex Parte Lindway

Ohio Supreme Court

Ex Parte Lindway

9 N.E.2d 1, 132 Ohio St. 473, 132 Ohio St. (N.S.) 473, 8 Ohio Op. 416, 1937 Ohio LEXIS 217

CourtOhio Supreme Court

DecidedJune 2, 1937

Docket26569

StatusPublished

This text of 9 N.E.2d 1 (Ex Parte Lindway) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte Lindway, 9 N.E.2d 1, 132 Ohio St. 473, 132 Ohio St. (N.S.) 473, 8 Ohio Op. 416, 1937 Ohio LEXIS 217 (Ohio 1937).

Pincite

Opinion

Petitioner was indicted by a grand jury, tried and convicted by a jury and sentenced to the penitentiary by the Court of Common Pleas. He prosecuted error to the Court of Appeals, which reversed the judgment of Common Pleas Court, and this court reversed the judgment of the Court of Appeals and affirmed the judgment of Common Pleas Court. State v. Lindway, 131 Ohio St., 166, 2 N. E. (2d), 490.

Petitioner prays that a writ of habeas corpus be issued and directed to the warden of the penitentiary.

Habeas corpus is not the proper mode of redress where the petitioner has been convicted of a criminal offense, sentenced to imprisonment by a court of competent jurisdiction, and errors or irregularities occurring in the proceedings or sentence have been reviewed by proceedings in error. (Ex parte Van Hagan, 25 Ohio St., 426.)

Petition dismissed.

Weygandt, C. J., Jones, Matthias, Day, Zimmerman, Williams and Myers, JJ., concur.

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