STATE v. BENTON

No. 87867.

24 Ohio Misc. 120 (1970)

THE STATE OF OHIO v. BENTON.

Common Pleas Court of Hamilton County.

Decided March 2, 1970.


Attorney(s) appearing for the Case

Mr. Melvin G. Rueger, prosecuting attorney, and Mr. Leonard Kirschner, for plaintiff.

Mr. Donald F. Colegrove, for defendant.


CASTLE, J.

The above captioned matter is before this court on plaintiff-respondent's motion to dismiss, which motion is addressed to defendant-petitioner's action brought pursuant to R. C. 2953.21 et seq., more commonly referred to as Ohio's postconviction remedy statute.

The defendant was charged by indictment returned by the grand jury with the crime of breaking and entering an inhabited dwelling in...

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