In Re Irwin on Behalf of Burson
This text of 72 N.E.2d 373 (In Re Irwin on Behalf of Burson) 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.
Opinion
The Court of Common Pleas in a proceeding in • habeas corpus found that Donald William Burson was not unlawfully restrained of his liberty by the Superintendent of the Ohio State Reformatory.
Appeal was perfected to the Court of Appeals which reversed the judgment of the Court of Common Pleas and ordered him discharged from custody.
A motion to certify the record was allowed by this court.
During the presentation of this cause on the merits, *29 it was agreed by counsel in open court that, subsequent to the rendition of the judgment of reversal by the Court of Appeals, Burson was convicted of a felony and is now confined in the Ohio Penitentiary.
By reason of the change in circumstances, a judgment of affirmance or reversal by this court would be of no avail to either party to this appeal and, therefore, a moot question remains.
It is not the duty of a' reviewing court to answer moot questions.
The appeal is dismissed on authority of Miner v. Witt, City Clerk, 82 Ohio St., 237, 92 N. E., 21.
Appeal dismissed.
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Cite This Page — Counsel Stack
72 N.E.2d 373, 148 Ohio St. 28, 148 Ohio St. (N.S.) 28, 34 Ohio Op. 475, 1947 Ohio LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-irwin-on-behalf-of-burson-ohio-1947.