Opinion
No. 38647
Decided May 6, 1964.
Grand jury — Irregularities in selecting jurors — Not available to invalidate indictment of accused already convicted — Habeas corpus.
IN HABEAS CORPUS.
This is an action in habeas corpus originating in this court. While on parole in 1961, petitioner, Albert Wesley Charles, was indicted by the Grand Jury of Scioto County for armed robbery. Petitioner, while represented by counsel, was tried to and found guilty by a jury and sentenced to the Ohio Penitentiary.
Mr. Albert Wesley Charles, in propria persona. Mr. William B. Saxbe, attorney general, and Mr. William C. Baird, for respondent.
The sole issue raised by petitioner is that the court did not have jurisdiction over him because his indictment was returned by a grand jury not properly selected according to law.
This court had this precise question before it in State, ex rel. Burton, Pros. Atty., v. Smith, Judge, 174 Ohio St. 429. In that case, at page 434, it is stated:
"* * * It should be noted, however, that there [ Huling v. State, 17 Ohio St. 583] this court held that irregularities in the selecting and drawing of grand jurors, not affecting their qualifications, could not be pleaded in abatement by the accused. Consistent with the decision in Huling we agree that the decision in this case may not be used by one accused or already convicted for the purpose of invalidating any indictment returned by a grand jury heretofore selected by a judge in the manner employed by the respondent * * *."
Thus, under the terms of that decision, petitioner is not now entitled to be released by habeas corpus.
Petitioner remanded to custody.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.