In re Poage

Citations

• 87 Ohio St. (N.S.) 72

Syllabus

<p>Citizen of Kentucky• — Indicted in Lawrence county, Ohio — For failure to provide for minor child — Then being in Lawrence county — Accused petitions for habeas corpus — On ground of non-jurisdiction of Ohio court — And without just cause resulting from facts in case — Held, court having jurisdiction in such offense — Will not inquire into innocence or guilt of accused — But may remand accused to custody of arresting court, when.</p> <p>1. A citizen and elector of the state of Kentucky was indicted in Lawrence county, Ohio, for failure to provide for his minor child then being in such county. In a petition filed by him in this court for a writ of habeas corpus he avers that he now is, and always has been, a citizen of the state of Kentucky; that he was married in that state and established a home for himself and his family in the city of Ashland, Kentucky, where he has . ever since resided and where the minor child named in the indictment was born; that without any just cause therefor and without his knowledge or consent and against his wishes and desire his wife abandoned their home taking their minor child with her and came into this state where she has remained and has ever since refused to return or to permit such minor child to return to him, although he has at all times maintained in Kentucky a home for her and said child and has at all times been ready and willing to receive them and provide them with a home, food, shelter and clothing.</p> <p>Held,' that where it appears that such child is receiving its support from the mother, or from any other person at her request, the mere failure and neglect of the defendant to assert his legal right to the custody and control of his minor child does not bring him within the operation of the laws of this state relating to the duties of parents to their minor children.</p> <p>2. Where it appears upon the hearing of a petition for writ of habeas corpus that an affidavit has been filed and indictment returned in a court