State, Ex Rel. Dye v. Alvis

This is a proceeding in habeas corpus.

The petitioner was indicted on two counts for issuing two separate checks with intent to defraud, in violation of Section 710-176, General Code. The petitioner pleaded guilty and on November 23, 1945, he was sentenced to be imprisoned in the Ohio state penitentiary until legally discharged. The sentence did not specifically provide whether the sentences on the two counts were to run concurrently or cumulatively.

The rule in Ohio is that where the record is silent us to whether two or more sentences are to be served cumulatively the presumption obtains that…