HESTON v. GREEN

No. 37879.

174 Ohio St. 291 (1963)

HESTON v. GREEN, SUPT., MARION CORRECTIONAL INSTITUTION.

Supreme Court of Ohio.

Decided March 13, 1963.


Attorney(s) appearing for the Case

Mr. Michael Heston, in propria persona.

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


Per Curiam.

Petitioner's primary contention is that when he waived extradition to Ohio while in El Paso, Texas, Ohio obtained complete jurisdiction and custody over him and Ohio's subsequent declining in favor of Indiana constituted an abandonment of Ohio's claim to him. In other words, Ohio waived its right to exact a further sentence from him.

Petitioner cites and relies on a line of cases which hold that, where a convict is in custody under a conviction...

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