STATE v. JOHNSON

Nos. 85474 and 87043.

13 Ohio Misc. 79 (1967)

STATE v. JOHNSON. STATE v. HUMPHREY.

Court of Common Pleas of Hamilton County.

Decided November 13, 1967.


BETTMAN, J.

These two cases present the same issue to the court. The issue is, "Are the prosecuting authorities of the state of Ohio under a duty to bring to the state for trial a defendant incarcerated in a federal penitentiary?"

Defendant Johnson was indicted, arraigned and posted bond in December 1964. Various continuances were granted and in November 1965, the prosecuting attorney was advised that Johnson was in the federal penitentiary in Atlanta, Georgia...

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