Weber v. Alvis, Warden

This is an action in habeas corpus, originating in this court, in which the petitioner, a prisoner in the Ohio penitentiary, seeks the writ on , the ground of a void sentence.

Petitioner was committed to the Ohio penitentiary from Cuyahoga county to serve a term of from one to seven years for grand larceny. Sentence began on September 22, 1934, and the maximum sentence would have expired on September 21,1941. On April 4, 1936, the petitioner was paroled. On June 14, 1936, he was declared a parole violator. Subsequently he was indicted, tried, and convicted of rape. On the rape charge the…