DocketNumber: No. 6436
Citation Numbers: 174 N.E.2d 786, 113 Ohio App. 263, 85 Ohio Law. Abs. 479
Judges: DUFFY, J.
Filed Date: 9/16/1960
Status: Precedential
Modified Date: 1/13/2023
The relator is confined in the Ohio State Penitentiary as a prisoner under what he calls a fraudulent commitment, and the relief sought is that he be given the rights and privileges of persons who are originally sentenced to the Ohio State Reformatory and later transferred to the Ohio Penitentiary. It is alleged that these rights and privileges have been denied him, and the reason given for the denial is that his original sentence to the Ohio State Reformatory was contrary to law, as a violation of Section
It is true that Section
It appears from a review of the file that the trial judge erroneously sentenced the petitioner to the Ohio State Reformatory *Page 264
after a guilty plea to Section
It also appears that Section
Since the law required that he be sentenced to the Ohio Penitentiary and to no other penal institution, we do not feel that in this action in mandamus he has shown a clear right to the privileges of a person originally sentenced to the reformatory, and his writ of mandamus will be, and hereby is, denied.
Writ denied.
BRYANT, P. J., concurs.