STATE, EX REL. PHILLIPS, v. ANDREWS

Nos. 76-1232 and 76-1233.

50 Ohio St. 2d 341 (1977)

THE STATE, EX REL. PHILLIPS, v. ANDREWS, JUDGE. (Two cases.)

Supreme Court of Ohio.

Decided June 29, 1977.


Attorney(s) appearing for the Case

Mr. Jerome Phillips, chief prosecutor, for relator.

Mr. John W. Stoepler, Mr. Stephen R. Ripps and Mr. Robert B. Hines, for respondent.


Per Curiam.

Case No. 76-1232 seeks a writ of prohibition to stop respondent from committing Brown to the Treatment Center in lieu of imprisonment. The respondent has already done so and Brown has spent his time at that institution. Case no. 76-1232 is, therefore, moot, since prohibition will not lie to theoretically interdict an action which has already transpired.

Case No. 76-1233, relator's mandamus action, provides an adequate vehicle for review...

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