Lamos v. Sacks

Ohio Supreme Court

Lamos v. Sacks

172 Ohio St. (N.S.) 295

Ohio Supreme Court·Decided May 31, 1961·No. No. 36920·Published

Opinion

Per Curiam.

A person charged with first degree murder may be convicted of second degree murder, a lesser included offense, if the evidence so warrants. Section 2945.74, Revised Code; Bandy v. State, 102 Ohio St., 384. Petitioner had an adequate remedy by way of appeal from the judgment of conviction and sentence to review the alleged errors and irregularities of which he here complains and cannot now have such a review by a proceeding in habeas corpus.

Petitioner remanded to custody.

Weygandt, C. J., Zimmerman, Taet, Matthias, Bell, Radoliee and O’Neill, JJ., concur. Radcliee, J., of the Fourth Appellate District, sitting by designation in the place and stead of Herbert, J.

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Per Curiam.

A person charged with first degree murder may be convicted of second degree murder, a lesser included offense, if the evidence so warrants. Section 2945.74, Revised Code; Bandy v. State, 102 Ohio St., 384. Petitioner had an adequate remedy by way of appeal from the judgment of conviction and sentence to review the alleged errors and irregularities of which he here complains and cannot now have such a review by a proceeding in habeas corpus.

Petitioner remanded to custody.

Weygandt, C. J., Zimmerman, Taet, Matthias, Bell, Radoliee and O’Neill, JJ., concur. Radcliee, J., of the Fourth Appellate District, sitting by designation in the place and stead of Herbert, J.

Lamos v. Sacks, 172 Ohio St. (N.S.) 295 (Ohio 1961).

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172 Ohio St. (N.S.) 295 (Lamos v. Sacks) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.