Cantway v. Maxwell

A petition for a writ of habeas corpus was filed originally in this court. After a hearing of the case on December 13, 1963, the court held it for decision.

The principal contention of the petitioner was that while he had been indicted for a violation of Section 2905.03 of the Revised Code (carnal knowledge of a female under 16), he was permitted to withdraw his former plea of not guilty to a violation of that section and to enter a plea of guilty to a violation of Section 2903.01 of the Revised Code (felonious assault), which offense was considered by the trial court to be an included offense…