Opinion
No. 38953
Decided October 7, 1964.
Habeas corpus — Indictment, trial and conviction — Irregularities in selecting grand jurors — Not ground for release by habeas corpus, when.
IN HABEAS CORPUS.
This is an action in habeas corpus originating in this court. In the September term of 1959, the Grand Jury of Scioto County returned an indictment charging petitioner, Earl Cantrell, with murder in the first degree. While represented by counsel, petitioner was tried to and found guilty by a jury. Mercy was recommended, and petitioner was sentenced to the Ohio Penitentiary for life.
Mr. Earl Cantrell, in propria persona. Mr. William B. Saxbe, attorney general, and Mr. William C. Baird, for respondent.
It is petitioner's contention that the grand jury which returned the indictment against him was improperly summoned, thus rendering the indictment void. He bases this argument on the alleged facts that the clerk did not make the proper lists, and that at least two of the grand jurors were not served with summons but were called by telephone and asked to serve.
Irregularities in the selecting, drawing or summoning of grand jurors which do not relate to or affect their personal qualifications as grand jurors can be taken advantage of by challenge for cause and are not grounds for release by habeas corpus. See Huling v. State, 17 Ohio St. 583; State, ex rel. Burton, Pros. Atty., v. Smith, Judge, 174 Ohio St. 429; and Charles v. Maxwell, Warden, 176 Ohio St. 217.
Petitioner remanded to custody.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.