BURCH v. MORRIS

No. 85-1789.

25 Ohio St. 3d 18 (1986)

[THE STATE, EX REL.] BURCH ET AL., APPELLANTS, v. MORRIS, SUPT., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 9, 1986.


Attorney(s) appearing for the Case

David D. Burch and James A. Williams, pro se. Anthony J. Celebrezze, Jr., attorney general, and Alexander G. Thomas, for appellees.


Per Curiam.

As was recognized by this court in In re Burson (1949), 152 Ohio St. 375 [40 O.O. 391], paragraph four of the syllabus:

"Where a person restrained of his liberty is in custody of an officer under process issued by a court or magistrate, or by virtue of a judgment or order of a court of record, and the court or magistrate had jurisdiction to issue...

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