State v. Benton

The above captioned matter is before this court on plaintiff-respondent’s motion to dismiss, which motion is addressed to defendant-petitioner’s action brought pursuant to R. C. 2953.21 et seq., more commonly referred to as Ohio’s postconviction remedy statute.

The defendant was charged by indictment returned' by the grand jury with the crime of breaking and entering an inhabited dwelling in the night season, R. C. 2907.09, which issue was tried to the court, a jury having been waived, in January of 1967. The present petition of the defendant, filed by privately retained counsel, to which the…