Treat v. Sacks

• Decision Date: 10 May 1961
• Docket Number: No. 36636,36636
• Citation: 172 Ohio St. 246,175 N.E.2d 86
• Parties: , 15 O.O.2d 408 TREAT v. SACKS, Warden.
• Court: Ohio Supreme Court

Page 246

172 Ohio St. 246

175 N.E.2d 86, 15 O.O.2d 408

TREAT v. SACKS, Warden.

No. 36636.

Supreme Court of Ohio.

May 10, 1961.

Herbert Treat, in pro. per.

Mark McElroy, Atty. Gen., Aubrey A. Wendt and John J. Connors, Jr., Columbus, for respondent.

PER CURIAM.

There is no showing or claim that petitioner made application to be discharged or brought to trial between the time of his indictment and trial. To entitle an accused to a discharge on the ground that he was not brought to trial during the time limited by statute, he must make application to the court therefor. State v. Cunningham, 171 Ohio St. 54, 67 N.E.2d 897.

Petitioner remanded to custody.

WEYGANDT, C. J., and ZIMMERMAN, TAFT, MATTHIAS, BELL, RADCLIFF and O'NEILL, JJ., concur.

RADCLIFF, J., of the Fourth Appellate District, sitting by designation in the place and stead of HERBERT, J.