State, Ex Rel. Dake v. Alvis, Warden

This is an action in habeas corpus originating in this court by Leonard Dake, a prisoner in the Ohio Penitentiary, as petitioner. He names as respondent Ralph W. Alvis, Warden of the Ohio Penitentiary, in whose official custody lie now is under sentence from the Lucas County Common Pleas Court.

By agreement of the parties, oral argument was dispensed with, the petitioner waived his right to be present in court, and the cause was submitted upon briefs of the parties.

The pleadings in this case include Dake’s petition and the return of the writ on behalf of Warden Alvis. Attached to Dake’s…