MARSHALL, J.
On September 8, 1966, petitioner filed his petition for a writ of habeas corpus. He alleged he was sentenced to the Ohio Penitentiary by the Common Pleas Court of Summit County, Ohio, which court was without jurisdiction to do so, and that such sentence violated his constitutional rights. On the same day this court ordered petitioner to be brought to the court on September 23, 1966, at 10:30 a. m. in order to determine whether he should be retained in...
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