DUFFEY, J.
This action is a petition for a writ of habeas corpus by James O. Bolin, an inmate of the Ohio Penitentiary under sentence from Lucas County. The pertinent portion of his indictment reads:
"* * * on or about the 19th day of July, 1960, in the night season of said day, in Lucas County, Ohio, unlawfully attempted to forcibly and maliciously break and enter the offices of the Credit Union belonging to the New York Central Railroad System Employees...
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