STATE, EX REL. DREXEL v. ALVIS.

No. 31909.

153 Ohio St. 244 (1950)

THE STATE, EX REL. DREXEL, APPELLANT, v. ALVIS, WARDEN, APPELLEE.

Supreme Court of Ohio.

Decided March 15, 1950.


Attorney(s) appearing for the Case

Miss Cecile J. Shapiro, for appellant.

Mr. Herbert S. Duffy, attorney general, and Mr. Alan E. Schwarzwalder, for appellee.


BY THE Court.

The judgment of the Court of Appeals is affirmed.

The petitioner is not unlawfully restrained of his liberty by the sentence imposed on September 17, 1946, which commitment is not challenged in this proceeding. He is therefore in the lawful custody of the warden.

The sentence of October 23, 1946, may be voidable but it may not be attacked by habeas corpus as a substitute for appeal. Ex...

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