McConnaughy v. Alvis
| Citation | 133 N.E.2d 133,165 Ohio St. 102 |
| Decision Date | 21 March 1956 |
| Docket Number | No. 34658,34658 |
| Parties | , 59 O.O. 103 McCONNAUGHY, Appellant, v. ALVIS, Warden, Appellee. |
| Court | United States State Supreme Court of Ohio |
Francis M. Marley, Fostoria, for appellant.
C. William O'Neill, Atty. Gen., and Roger B. Turrell, Columbus, for appellee.
The indictment returned by the Grand Jury of Belmont County charged the offense as having been committed in Belmont County. The truth of the material allegations of the indictment, including venue, was admitted by the entering of a plea of guilty. The question of venue was not raised in the trial court. The court had jurisdiction to pronounce sentence. Under such circumstances the remedy, if any, is by appeal, not habeas corpus. Burns v. Tarbox, 76 Ohio St. 520, 81 N.E. 761.
The other issues presented as to denial of fair trial because of inefficient counsel and defects in service of papers could have been determined on appeal in the criminal action. The remedy as to errors or irregularities in the conduct of the trial or in the sentence of the accused was by appeal and is not by habeas corpus, where the court had jurisdiction of the crime and the person. In re Whitmore, 137 Ohio St. 313, 29 N.E.2d 363; Ex parte Van Hagan, 25 Ohio St. 426; Section 2725.05, Revised Code.
The judgment of the Court of Appeals is affirmed.
Judgment affirmed.
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Sims v. Alvis
...St. 375, 89 N.E.2d 651, affirming 86 Ohio App. 404, 86 N.E.2d 43; In re Levenson, 154 Ohio St. 278, 95 N.E.2d 760; McConnaughy v. Alvis, 165 Ohio St. 102, 103, 133 N.E.2d 133. See also Dinsmore v. Alvis, 88 Ohio App. 32, 96 N.E.2d Appellant urges the invalidity of his sentence by virtue of ......
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Walker v. Maxwell
...also, In re Whitmore, 137 Ohio St. 313, 29 N.E.2d 363; Harley v. Alvis, Warden, 167 Ohio St. 48, 146 N.E.2d 121; McConnaughy v. Alvis, Warden, 165 Ohio St. 102, 133 N.E.2d 133; Grove v. Maxwell, Warden, 173 Ohio St. 559, 184 N.E.2d 397; and Cantrell v. Maxwell, Warden, 175 Ohio St. 51, 186 ......
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...... an admission of every material fact pleaded in the. indictment. Craig v. State (1892), 49 Ohio. St. 415, 418; McConnaughy v. Alvis (1956),. 165 Ohio St. 102, 103; and Rodriguez v. Sacks (1962), 173 Ohio St. 456. By entering a plea. of guilty, a ......
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...whether the evidence justified appellant's plea of guilty.' Other Ohio cases are of similar import. See McConnaughy v. Alvis, 165 Ohio St. 102, 103, 133 N.E.2d 133, 134; Click v. Eckle, 174 Ohio St. 88, 90, 186 N.E.2d 731, 733; and Yarbrough v. Maxwell, 174 Ohio St. 287, 289, 189 N.E.2d 136......