Metzger v. Green, Supt.

In this action in habeas corpus petitioner submitted in evidence two separate indictments, one for statutory rape, under the provisions of Section 2905.03, Revised Code, and the other for assault upon a child under sixteen years, under the provisions of Section 2903.01, Revised Code, and claims his restraint illegal by reason of (1) the two indictments being sried jointly and (2) each indictment failing to allege an offense orohibited by law. The court, sua sponte, has also given consideration to whether the latter is a lesser included offense of ;he former or factually inconsistent with the…