Opinion
Nos. 73-336 and 73-367
Decided October 3, 1973.
Criminal procedure — First degree murder — R.C. 2901.01 — Jurisdiction of Common Pleas Court — Prohibition.
APPEALS from the Court of Appeals for Lucas County.
These cases are appeals from the denial of writs of prohibition by the Court of Appeals for Lucas County, and have been consolidated for purposes of appeal.
Each appellant was indicted for violation of R.C. 2901.01, murder in the first degree, and each entered a plea of not guilty. Subsequently, each appellant filed a petition for a writ of prohibition in the Court of Appeals seeking to prohibit the appellee judge of the Common Pleas Court of Lucas County from proceeding to trial, alleging that the Common Pleas Court had no jurisdiction.
The causes are now before this court upon appeals as of right.
Mr. Henry B. Herschel and Mr. Robert A. Burns, for appellants.
Mr. Harry Friberg, prosecuting attorney, Mr. Charles J. Doneghy and Mr. Anthony G. Pizza, for appellees.
The judgments of the Court of Appeals in both cases are affirmed on the authority of Vargas v. Metzger (1973), 35 Ohio St.2d 116.
Judgments affirmed.
O'NEILL, C.J., HERBERT, CORRIGAN, STERN, CELEBREZZE, W. BROWN and P. BROWN, JJ., concur.