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53 Ohio St. 2d 165

Kroger v. Engle

Ohio Supreme Court

Decided March 15, 1978

Ohio Supreme Court · decided 1978-03-15

Relies on 48 Ohio St. 2d 51 - Chapman v. Jago

Good law ✅— No negative treatment on recordhow we know

Decided 1978-03-15

How this case has been cited

Cited by 8 later decisions — most recently December 2023

8 state decisions

50197819801990200020102020decided

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.

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Per Curiam.

¶1This cause is before this court pursuant to an appeal as of right from the dismissal of appellant’s petition for a writ of habeas corpus in the Court of Appeals.

¶2Appellant’s claim for entitlement to release from imprisonment, resulting from conviction for kidnapping, was based upon the assertion that the indictment of the grand jury was not signed by the foreman or deputy foreman.

¶3The Court of Appeals properly found that the claim related to the sufficiency of the indictment. This court stated in Chapman v. Jago (1976), 48 Ohio St. 2d 51, that, “ [t]he question of the sufficiency of the indictment does not relate to the jurisdiction of the court to try appellant for the crime for which he was convicted. Mills v. Maxwell (1963), 174 Ohio St. 523. Appellant’s remedy, if any, is by way of appeal from the judgment of conviction.”

¶4The judgment of the Court of Appeals is therefore affirmed.

¶5Judgment affirmed.

O’Neill, C. J., Herbert, Celebrezze, W. Brown, P. Brown, Sweeney and Locher, JJ., concur,
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