EVANS v. SACKS

No. 37210.

173 Ohio St. 116 (1962)

EVANS, APPELLANT, v. SACKS, WARDEN, APPELLEE.

Supreme Court of Ohio.

Decided February 14, 1962.


Attorney(s) appearing for the Case

Mr. John H. Evans, in propria persona.

Mr. Mark McElroy, attorney general, and Mr. John J. Connors, Jr., for appellee.


Per Curiam.

There is a distinction between a court acting without jurisdiction and acting with jurisdiction but erroneously. The trial court had jurisdiction of the person of appellant and of the subject matter, i. e., jurisdiction to try the appellant for the crime for which he was indicted. Appellant could have objected to the alleged irregularities in the indictment and had an adequate remedy by way of appeal from an adverse judgment to review the...

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