Opinion
No. 37752
Decided February 6, 1963.
Habeas corpus — Relief denied — Lack of jurisdiction or deprivation of constitutional rights not shown — Forgery — Signing own name with intent to defraud.
IN HABEAS CORPUS.
This is an action in habeas corpus originating in this court. Petitioner, Patrick Dunham, was, in 1960, indicted by the Grand Jury of Cuyahoga County on four counts of forgery, uttering and publishing a forged instrument and two counts of uttering a check with intent to defraud. These charges arose out of petitioner's signing of his own name to checks drawn upon a bank in which he had no account. In September of 1960, petitioner pleaded guilty to all four counts and was sentenced to the Ohio Penitentiary, his sentences being made to run concurrently.
Mr. Patrick Dunham, in propria persona. Mr. Mark McElroy, attorney general, and Mr. John J. Connors, Jr., for respondent.
Petitioner's sole contention in this case is that the signing of one's own name to a check drawn upon a bank in which he has no account does not constitute the crime of forgery, and that his indictment was void.
Petitioner's contention is without foundation. This court in In re Clemons, 168 Ohio St. 83, held that such act constitutes the crime of forgery under Section 2913.01, Revised Code. The syllabus of that case reads as follows:
"The making of an instrument purporting to be a check, with intent to defraud, signed by the maker with his own name but drawn on a bank in which such maker has no `checking account' constitutes the false making of a check and is `forgery' as defined by Section 2913.01, Revised Code."
The petitioner has shown no lack of jurisdiction of the trial court nor any deprivation of his constitutional rights.
Petitioner remanded to custody.
ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.