LOWTHER v. MAXWELL

No. 38025.

175 Ohio St. 39 (1963)

LOWTHER v. MAXWELL, WARDEN.

Supreme Court of Ohio.

Decided June 12, 1963.


Attorney(s) appearing for the Case

Mr. Robert Lowther, in propria persona.

Mr. William B. Saxbe, attorney general, Mr. William C. Baird and Mr. John Cianflona, for respondent.


Per Curiam.

Basically petitioner's argument is that the killing of Rudolph Kordis constituted but one transaction, and that the conviction and sentencing on two counts therefor constituted double jeopardy.

The plea of double jeopardy is a matter of defense which must be raised in the trial court and pursued by way of appeal. Double jeopardy does not go to the jurisdiction of the trial court and, therefore, is not a ground for relief by habeas corpus...

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