Smouse v. Perini

Relator alleges that he is entitled to have the unexpired portion of his original sentence for grand larceny run concurrently with his subsequent sentence for malicious entry. Relator argues that he became available for return to the penitentiary as of the date of his arrest for malicious entry, and that the unexpired portion of his sentence for grand larceny began to run at that moment. Such being the case, he would by now have served his maximum sentence and be entitled to his freedom.

Relator is basing his claim for relief upon certain language contained in Section 2967.15, Revised Code,…