State ex rel. Conners v. DeMuth

Citations

• 96 Ohio St. (N.S.) 519

Syllabus

<p>Jurisdiction of mayor — In city not having police court — May pronounce sentence, when — Section 4530, General Code — Habeas corpus proceedings—Question of false entry of plea of guilty — Not proper subject of inquiry, when.</p> <p>1. By force of Section 4530, General Code, the mayor of a city not having a police court, has jurisdiction to pronounce sentence where the accused charged with a misdemeanor enters a plea of guilty, although imprisonment is a part of the punishment and the complaint is not made by the party injured.</p> <p>2. Where, from the copy of the commitment attached to a petition for a writ of habeas corpus, it appears that the person alleged to have been restrained of his liberty is in the custody of an officer by virtue of the judgment of a mayor of a city having jurisdiction to render such judgment, and it further appears that sentence was pronounced upon a plea of guilty by the accused, the question whether or not such plea was falsely entered by the mayor upon his docket is not a proper subject of inquiry in the habeas corpus proceeding.</p>