Winters v. Alvis, Warden

OPINION

By PETREE, PJ.

This is a petition for a writ of habeas corpus wherein the petitioner claims he is being held in illegal custody by respondents as a result of a conviction, on February 14, 1957, of being an habitual criminal, in the Court of Common Pleas of Champaign County, Ohio, thereafter being sentenced to a term for life in case No. 5980.

The journal entry of the court recites as follows, beginning with the second sentence:

“Defendant having appeared in court with counsel and having-waived a jury, the trial was had to the court.”

The petitioner appeared6 in court and testified that he…