Legal Opinion

Guerrieri v. Maxwell

Ohio Supreme Court

Decided December 5, 1962No. 37600Published

1Per curiam

Petitioner makes no attack on the validity of his original conviction in Ohio. In essence it is his contention that Ohio, by allowing the federal government to incarcerate him in a federal penitentiary for the violation of a federal statute while he was under a prior sentence by the state of Ohio, relinquished or waived its right to carry into execution the sentence previously imposed upon him by the Ohio court.

Petitioner bases his contention on the rule stated, as follows, in Ponzi v. Fessenden, 258 U. S., 254:

‘ ‘ The chief rule which preserves our two systems of courts from actual…

2Cases cited9 opinions

  1. Frank v. MangumSupreme Court of the United States · 1915
  2. Lewis v. United StatesSupreme Court of the United States · 1892
  3. Ponzi v. FessendenSupreme Court of the United States · 1922
  4. United States v. MarrinDistrict Court, E.D. Pennsylvania · 1915
  5. In re AndrewsDistrict Court, D. Vermont · 1916

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