Erwin Allison Shook v. State of Ohio, and David C. Jenkins, Judge, and Thomas A. Beil, Prosecutor

McALLISTER, Chief Judge.

Appellant filed a petition for a writ of habeas corpus in the District Court in which he set forth that the Grand Jury of Mahoning County, Ohio, had returned two indictments against him; that he had entered a plea of guilty to the charges in the first indictment, and had been sentenced to prison, being committed to the Ohio State Penitentiary on the charge in that indictment; and that no proceedings had ever been taken as to trial on the second indictment. But he alleged that the prosecuting official in charge had placed a warrant in the hands of the warden of the…