Ex Parte Fleming

This is an action in habeas corpus, brought by Abbey Fleming, an inmate of the Ohio penitentiary, against the warden of that institution, seeking a discharge therefrom for the reason that his commitment thereto is unlawful.

While the record is meager, we learn from the application, the answer of the warden thereto, and the conceded facts, as disclosed by the oral argument, that the applicant, Abbey Fleming, was received at the Ohio penitentiary on January 29,1930, from the hands of the sheriff of Hancock county, Ohio, to serve a sentence for the crime of entering a bank to commit a felony with…