Legal Opinion

Kennedy v. Alvis

Court of Common Pleas of Ohio, Franklin County, Civil Division

Decided July 9, 1957No. 198126PublishedCited by 6 opinions

1Opinion of the Court

OPINION

By GESSAMAN, J.

The plaintiff is an inmate of the Ohio Penitentiary and has filed for himself his petition for a Writ of Habeas Corpus. His contention is “that his present confinement is illegal through the fact that the indictment on which his charges were based was not a true bill and fatally defective and void, due to the absence of the signature of the Grand Jury Foreman as provided by law.”

The undisputed facts are that on July 8, 1955, the Grand Jury of Stark County, Ohio, returned what purported to be an indictment charging the petitioner, James L. Kennedy, with the offense of…

2Cases cited3 opinions

  1. Frisbie v. United StatesSupreme Court of the United States · 1895
  2. Cassidy v. Second Judicial District CourtUtah Supreme Court · 1946
  3. Day v. StateCourt of Criminal Appeals of Texas · 1910

3Cited by6 opinions

  1. Hammond v. BrownDistrict Court, N.D. Ohio · 1971
  2. Paul Dwayne Humphrey v. James A. Lynaugh, Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1988
  3. Quintana v. MyersArizona Supreme Court · 1972
  4. Humphrey v. McCotterDistrict Court, S.D. Texas · 1987
  5. State v. PayneOhio Court of Appeals · 2012

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