Mills v. Maxwell, 38000
Decision Date | 08 May 1963 |
Docket Number | No. 38000,38000 |
Citation | 190 N.E.2d 264,174 Ohio St. 523 |
Parties | , 23 O.O.2d 153 MILLS v. MAXWELL, Warden. |
Court | Ohio Supreme Court |
Carl G. Mills, in pro. per.
William B. Saxbe, Atty. Gen., and William C. Baird, for respondent.
The single question raised by petitioner relates to the sufficiency of his indictments.
Each count relating to malicious entry was identical except as to time and place. Therefore, we will quote only one:
'* * * on or about the twenty-first day of April in the year nineteen hundred and sixty-one at the county of Hamilton and state of Ohio, aforesaid, did in the daytime of said day, enter a certain financial institution, to wit: Union Savings & Loan Association of Cincinnati, Ohio, and did commit a felony while armed with a pistol, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Ohio * * *.'
Section 2907.14, Revised Code, defining the crime of malicious entry of a financial institution, as in effect at the time of the indictments, read in part as follows:
'No person shall, by day or night, maliciously enter a bank or other financial institution which receives upon deposit or otherwise for safe keeping the moneys or public funds of individuals or corporations, and attempt to commit or commit a felony with firearms or other deadly weapons.'
It is petitioner's contention that 'malicious entry' is an essential element of this crime, and that the omission thereof from the indictments rendered them invalid.
It is unnecessary to examine the validity of petitioner's contention. He has chosen the wrong remedy.
In the opinion in State v. Wozniak, 172 Ohio St. 517, 522, 178 N.E.2d 800, 804, it is stated:
Thus, petitioner's remedy, if any, is by appeal, not by habeas corpus. See Bolin v. Maxwell,...
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State v. Williams, 101026
...for the crime for which he was convicted." Chapman v. Jago, 48 Ohio St.2d 51, 51, 356 N.E.2d 721 (1976), citing Mills v. Maxwell, 174 Ohio St. 523, 190 N.E.2d 264 (1963). "The manner by which an accused is charged with a crime is procedural rather than jurisdictional, and after a conviction......
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Midling v. Perrini
...fails to state one or more essential elements of the offense. Evans v. Sacks, 173 Ohio St. 116, 180 N.E.2d 151; Mills v. Maxwell, 174 Ohio St. 523, 190 N.E.2d 264; Perry v. Maxwell, 175 Ohio St. 369, 195 N.E.2d 103, approved and followed. Paragraph six of the syllabus of State v. Cimpritz, ......
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Parma v. Kline, 2004 Ohio 6093 (OH 11/18/2004)
...State v. Ventus (Sept. 19, 1994), Butler App. No. CA94-03-057. 26. Perry v. Maxwell, Warden (1963), 175 Ohio St. 369; Mills v. Maxwell, Warden (1963), 174 Ohio St. 523; State v. Wozniak (1961), 172 Ohio St. 517, 27. Tari v. State, 117 Ohio St. 481, 498; 31 O.Jur.2d 706, Judgments, Section 2......