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FOLENIUS v. SACKS

No. 37405.

174 Ohio St. 103 (1962)

FOLENIUS, APPELLEE, v. SACKS, WARDEN (MAXWELL, WARDEN, SUBSTITUTED RESPONDENT), APPELLANT.

Supreme Court of Ohio.

Decided December 19, 1962.

Attorney(s) appearing for the Case

Mr. Clifford Folenius, in propria persona.

Mr. Mark McElroy, attorney general, and Mr. Aubrey A. Wendt, for appellant.

Per Curiam.

The petitioner, Clifford Folenius, appellee herein, instituted this action in the Court of Appeals by the filing of a petition in habeas corpus seeking his release from the Ohio Penitentiary. The Court of Appeals ordered that the petitioner be released. An appeal as of right brings the cause to this court for review.

Folenius is serving a sentence imposed by the Common Pleas Court of Butler County following his conviction for a violation...

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