HUTH v. MAXWELL

No. 38760.

176 Ohio St. 360 (1964)

HUTH v. MAXWELL, WARDEN.

Supreme Court of Ohio.

Decided June 17, 1964.


Attorney(s) appearing for the Case

Mr. Gerald F. Huth, in propria persona.

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


Per Curiam.

It is petitioner's contention that the court was without jurisdiction to find that he was an habitual criminal. He bases this argument on the ground that he pleaded guilty to unarmed robbery in 1949, without the assistance of counsel, and that, therefore, such 1949 conviction was void. He urges that if such 1949 conviction was void he did not have three previous convictions upon which an indictment as an habitual criminal could be based, and that...

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