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1 Ohio St. 2d 71

Simpson v. Maxwell

Ohio Supreme Court

Ohio Supreme Court · decided 1964-12-29

Key passage — most relied on by later courts

“[T]he jurisdiction of a trial court is invoked by a valid indictment or information and is not dependent upon the validity of the process by which the accused is originally apprehended.”

quoted by 1 later decision, including State v. Anderson, Unpublished Decision (2-3-2006)

Good law ✅— No negative treatment on recordhow we know

Decided 1964-12-29

How this case has been cited

Cited by 25 later decisions — most recently May 2023 · most notably 51 Ohio App. 2d 31 - State v. Nelson (1977), Walker v. Maxwell (1965)

25 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1Petitioner in this action contends that he was arrested on a false and forged affidavit, that he was not legally responsible for the support of the children involved, and that during the period he allegedly did not support such children he was incapacitated as a result of an accident and could not work.

¶2The jurisdiction of a trial court is invoked by a valid indictment or information and is not dependent upon the validity of the process by which the accused is originally apprehended. Thus, the illegality of the process by which one is taken into custody does not affect the validity of a subsequent conviction based upon a proper indictment or information. Jetter v. Maxwell, Warden, 176 Ohio St., 219; Brown v. Maxwell, Warden, 174 Ohio St., 29. The irregularity of an arrest cannot be inquired into by habeas corpus after conviction. Shelton v. Haskins, Supt., 176 Ohio St., 296.

¶3The petitioner urges that he was not guilty of the offense charged. The guilt or innocence of an accused is not cognizable in habeas corpus. Page v. Green, Supt., 174 Ohio St., 178; Jackson v. Maxwell, Warden, 174 Ohio St., 32; In re Poage, 87 Ohio St., 72. This is a question which must be raised by appeal.

¶4Petitioner remanded to custody.

Taet, C. J., Zimmerman, Matthias, O’Neill, Griffith, Herbert and Gibson, JJ., concur.
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