Harrington v. Bader

Citations

• 22 Ohio C.C. Dec. 493

Syllabus

<p>HABEAS CORPUS — PRISONS AND REFORMATORIES.</p> <p>Habeas Corpus does not Lie to Discharge Workhouse Prisoner Whose Term oe Commitment had been Interrupted by Return to Penitentiary erom which He had Escaped.</p> <p>Delivery of a prisoner sentenced to a municipal workhouse to the custody of the chief of police for return to the penitentiary, whence he had escaped, is presumed to be accomplished by legal process, as contemplated by R. S. 5748 (Gen. Code 12184); such transfer did not effect an unconditional suspension of the workhouse sentence or discharge him therefrom until the full term thereof had expired; hence, habeas corpus will not lie to release him from such workhouse to which he was returned after serving his time in the penitentiary, not at least until the term of workhouse sentence, interrupted by his penitentiary term, had fully run.</p>