Opinion
No. 36775
Decided March 15, 1961.
Habeas corpus — Release from custody of warden of penitentiary sought — Relief prayed for denied — Petitioner not in custody of such warden.
IN HABEAS CORPUS.
Petitioner, Smith, has invoked the original jurisdiction of this court by this proceeding in habeas corpus to obtain his release from the Ohio Penitentiary.
He was indicted for the crime of burglary, tried to a jury, found guilty and sentenced to the Ohio Penitentiary. He contends that his maximum sentence has expired, that, therefore, he is being held illegally and unlawfully in violation of his constitutional rights, and that he is entitled to his release.
The respondent's amended return states that petitioner was found to be schizophrenic and in need of the special custody, care, and treatment available at Lima State Hospital, and that custody of petitioner was, for that reason, transferred to the Superintendent of Lima State Hospital.
Mr. Jack Smith, in propria persona. Mr. Mark McElroy, attorney general, and Mr. Aubrey A. Wendt, for respondent.
The petitioner not now being in the custody of respondent, Warden of the Ohio Penitentiary, the relief prayed for must be denied.
Relief denied.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and O'NEILL, JJ., concur.