GREGORY v. STATE

No. 3173.

11 Ohio App. 2d 107 (1967)

GREGORY, APPELLANT, v. THE STATE OF OHIO, APPELLEE.

Court of Appeals of Ohio, Montgomery County.

Decided July 5, 1967.


Attorney(s) appearing for the Case

Mr. Daniel Shell, for appellant.

Mr. Lee C. Falke, prosecuting attorney, and Mr. Andrew J. Niekamp, for appellee.


CRAWFORD, P. J.

The state moves to dismiss this appeal from a ruling adverse to the plaintiff-appellant's petition to vacate the judgment and conviction against him. The ground of the motion is that, counsel advises, plaintiff is now on parole and no longer in custody, so that the issue before the court is moot. Counsel further advises that plaintiff was still in custody when this appeal was perfected.

As a...

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