Lamos v. Sacks

Ohio Supreme Court

Lamos v. Sacks

172 Ohio St. (N.S.) 295

CourtOhio Supreme Court

DecidedMay 31, 1961

DocketNo. 36920

StatusPublished

This text of 172 Ohio St. (N.S.) 295 (Lamos v. Sacks) 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

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

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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.

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Bluebook (online)

172 Ohio St. (N.S.) 295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lamos-v-sacks-ohio-1961.