Opinion · Ohlaw Ohio

IN RE HERTZ, 161 Ohio St. 70 (1954)

IN RE HERTZ., 117 N.E.2d 925 (Ohio 1954)

Type
Opinion
Court
Ohlaw Ohio
Jurisdiction
Ohlaw
Date
1954-02-24
Topic
general

IN RE HERTZ, 161 Ohio St. 70 (1954) 117 N.E.2d 925 IN RE HERTZ. No. 33756Supreme Court of Ohio. Decided February 24, 1954. Habeas corpus — To obtain release from incarceration — Facts alleged in petition insufficient to warrant relief. IN HABEAS CORPUS.

Citator

UpLaw has not yet analyzed IN RE HERTZ, 161 Ohio St. 70 (1954). The absence of a flag is not a finding that it is good law.

IN RE HERTZ,161 Ohio St. 70(1954)
117 N.E.2d 925
IN RE HERTZ.
No. 33756
Supreme Court of Ohio.
Decided February 24, 1954.
Habeas corpus — To obtain release from incarceration — Factsalleged in petition insufficient to warrant relief.
IN HABEAS CORPUS.
Mr. Carl C. Hertz, in propria persona.Mr. C. William O'Neill, attorney general,Mr. Thomas R. LloydandMr. Earl N. Merwin, for respondent.
Per Curiam.
The petitioner has invoked the original jurisdiction of this court by a proceeding in habeasPage 71corpus to obtain his release from incarceration in the Ohio Penitentiary to which he was sentenced after pleading guilty to an indictment charging him with issuing checks with intent to defraud in violation of Section 710-176, General Code. He contends that since he was acting as an officer of a corporation at the time of the issuance of the checks a criminal action could not be maintained against him, and that the indictment did not charge an offense.

The petition contains no allegation of fact which entitles petitioner to the relief sought. The relief prayed for is denied.Giordanov.State,160 Ohio St. 460.Petitioner remanded to custody.

WEYGANDT, C.J., MIDDLETON, TAFT, HART, ZIMMERMAN, STEWART and LAMNECK, JJ., concur.