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IN RE BENJAMIN

No. 5242.

100 Ohio App. 455 (1955)

IN RE BENJAMIN.

Court of Appeals of Ohio, Franklin County.

Decided March 17, 1955.

Attorney(s) appearing for the Case

Messrs. Lyman & Lyman, for petitioner.

Mr. C. William O'Neill, attorney general, Mr. Earl N. Merwin and Mr. Thomas R. Lloyd, for respondents.

HORNBECK, J.

This is an action in habeas corpus wherein petitioner seeks release from the Ohio Penitentiary, where he is a prisoner under sentence of the Common Pleas Court, Cuyahoga County, Ohio, on a conviction of maiming, under Section 12416, General Code, now Section 2901.19, Revised Code. The mittimus under which petitioner is held at the Ohio Penitentiary recites that he was found guilty of "maiming with count." The sentence was that he "be imprisoned in the...

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