Sarantos v. Sacks

The petitioner, who is now confined in the Ohio Penitentiary, seeks a writ of habeas corpus, and in his petition questions the jurisdiction of the trial court, claiming he was indicted under Section 3719.17 (D), Revised Code, for the unlawful purchase of paregoric.

The petitioner alleges that the offense committed by bim was not an indictable offense and cites the case of Folenius v. *604Eckle, Supt., 109 Ohio App., 152, and a recent case from this Court, Stone v. Sacks, Warden (No. 6451, 10th District Court of Appeals), in support of his contention that the medicinal preparation commonly called…