Wadden v. Henderson

OPINION

By HORNBECK, J.

This is an appeal on questions of law from a judgment of the Common Pleas Court, granting a writ of habeas corpus directed to defendant, the Warden of the Ohio Penitentiary, commanding him to release plaintiff-appellee, who is a prisoner in the Ohio Penitentiary.

Appellee has filed a motion to dismiss the appeal for the reason that no bill of exceptions has been filed in this Court and it is stipulated that no stenographic record can be prepared, settled and allowed as a bill of exceptions in the trial court.

This motion will be overruled for the reason that the error…