State ex rel. Bowling v. Court of Common Pleas

Ohio Supreme Court

State ex rel. Bowling v. Court of Common Pleas

265 N.E.2d 296, 24 Ohio St. 2d 158, 53 Ohio Op. 2d 355, 1970 Ohio LEXIS 357

CourtOhio Supreme Court

DecidedDecember 23, 1970

DocketNo. 70-646

StatusPublished

Cited by15 cases

This text of 265 N.E.2d 296 (State ex rel. Bowling v. Court of Common Pleas) 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

State ex rel. Bowling v. Court of Common Pleas, 265 N.E.2d 296, 24 Ohio St. 2d 158, 53 Ohio Op. 2d 355, 1970 Ohio LEXIS 357 (Ohio 1970).

Pincite

Opinion

Per Curiam.

This is an action in mandamus originating in this court. Relator, a prisoner, seeks to compel the state to dismiss an indictment pending against him on the ground that the case was not tried within 180 days after his demand for trial under R. C. 2941.401, effective November 8, 1969.

The relator has a clear and adequate remedy at law. He has been indicted and is represented by counsel. He can make a motion in the trial court for dismissal of the charge for denial of a speedy trial, under R. C. 2941.401, or on any other grounds he desires.

Mandamus does not lie where there is an adequate remedy in the ordinary course of the law.

The motion to dismiss is sustained and the writ is denied.

Writ denied.

O’Neill, C. J., Schneider, Herbert, Duncan, Corrigan, Stern and Leach, JJ., concur.

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