Opinion
No. 36734
Decided March 29, 1961.
Judgments — Appeal — Presumption of validity — No bill of exceptions — Habeas corpus — Judgment remanding to custody affirmed.
APPEAL from the Court of Appeals for Franklin County.
The appellant instituted this action in the Court of Appeals by the filing of a petition in habeas corpus seeking his release from the Ohio Penitentiary. The return discloses that he was indicted for armed robbery, found guilty by a jury and sentenced to the penitentiary.
The Court of Appeals, as disclosed by its journal entry, found "upon consideration of the evidence * * * that petitioner has failed to sustain the allegations set forth in his petition, and that said petitioner is lawfully in the custody of the respondent," and ordered that the petition be dismissed and that the petitioner be remanded to custody.
An appeal as of right brings the cause to this court for review.
Mr. Calvin Reid, in propria persona. Mr. Mark McElroy, attorney general, and Mr. Aubrey A. Wendt, for appellee.
There is no bill of exceptions and hence no evidence before this court from which to determine whether the Court of Appeals committed prejudicial error in any of its rulings which petitioner seeks to have this court review.
The law attaches to a judgment of a court of record, regular on its face, a presumption of validity, that the judgment was properly rendered and that the court had before it proper and sufficient evidence to support its judgment.
The judgment of the Court of Appeals is affirmed.
Judgment affirmed.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL and O'NEILL, JJ., concur.
HERBERT, J., not participating.