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175 Ohio St. (N.S.) 439

Kimberling v. Maxwell

Ohio Supreme Court

Decided January 22, 1964

Ohio Supreme Court · decided 1964-01-22

Decided 1964-01-22

Per Curiam.

¶1The basic contention of petitioner is that he was denied a speedy trial for the crime charged in the new indictment, because six years elapsed between the time he entered a plea of guilty to his original indictment and the return of the new indictment.

¶2*440However, at the trial on the new indictment, petitioner could have urged the defense of denial of a speedy trial. He failed to raise such question but instead entered a plea of guilty. By such conduct he waived any right or defense he had in relation to a denial of a speedy trial. Partsch v. Haskins, Supt., 175 Ohio St., 139; and 57 A. L. R. (2d), 343.

¶3Petitioner remanded to custody.

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