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IN RE TONEY

No. 1212.

114 Ohio App. 397 (1961)

IN RE TONEY.

Court of Appeals of Ohio, Allen County.

Decided September 25, 1961.

Attorney(s) appearing for the Case

Mr. Daniel Toney, in propria persona.

Mr. Mark McElroy, attorney general, and Mr. Aubrey Wendt, for respondent, Dr. Jerry O. Crist, acting Superintendent.

GUERNSEY, P. J.

This is an action in habeas corpus instituted in this court by petitioner, Daniel Toney, wherein he alleges that he is unlawfully restrained of his liberty by Dr. Jerry O. Crist, acting Superintendent of the Lima State Hospital. In the amended return filed for and on behalf of Dr. Crist it is acknowledged that the petitioner is in Dr. Crist's custody and has been in custody since December 2, 1955, by virtue of a commitment by the Court of Common Pleas...

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