State ex rel. Leichner v. Alvis

*421OPINION

By MILLER, J.

This is an action wherein the petitioner is seeking his release from the Ohio Penitentiary on a writ of habeas corpus for the following reasons:

1. That the facts set forth in the indictment are not true.

2. That the indictment does not charge an offense.

The truth of the averments in an indictment cannot be considered in a habeas corpus proceeding; hence no further attention will be given to this charge.

Next, considering the sufficiency of the indictment, the question presented is whether or not an offense is charged therein.

An examination of the record discloses that the…