Opinion
No. 39283
Decided June 9, 1965.
Habeas corpus — Issues raised disposed of in former case — Reconsideration of issues not warranted.
IN HABEAS CORPUS.
This is an action in habeas corpus originating in this court. In March 1960, petitioner, Foster Hiram Swogger, while represented by counsel, pleaded guilty to an indictment charging him with carnal knowledge of a female under 12 years of age. He was sentenced to the Ohio Penitentiary, and the court, determining him to be a psychopathic offender, committed him to Lima State Hospital from which he was transferred to the Ohio Penitentiary in October 1961.
Mr. Foster Hiram Swogger, in propria persona. Mr. William B. Saxbe, attorney general, and Mr. William C. Baird, for respondent.
In this action, petitioner is raising the identical issues raised by him and considered and disposed of by this court in Swogger v. Maxwell, Warden (decided July 1, 1964), 176 Ohio St. 415. There have been no changes in the law which warrant a reconsideration of such issues.
Petitioner remanded to custody.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.