Opinion
No. 29196
Decided June 24, 1942.
Criminal law — Person convicted of federal offense — State court given custody for trial of state offense — On condition that state sentence begin at expiration of federal sentence — No condition imposed in sentence — Convict not delivered to penitentiary in five days — Section 13455-1, General Code — Foreign judgment releasing person from custody of Ohio extradition agent — Not bar to subsequent arrest in state — Right of state to commit person conditionally released from federal prison — Section 16, Article I, Constitution — Section 1, Article IV, U.S. Constitution — Articles V and XIV, Amendments, U.S. Constitution.
APPEAL from the Court of Appeals of Hamilton county.
Mr. Jack B. Dworken and Mr. Morton R. Dworken, for appellant.
Mr. Carson Hoy, prosecuting attorney, Mr. Frank M. Gusweiler, Mr. Frank T. Cullitan and Mr. Neil W. McGill, for appellee.
It is ordered and adjudged that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., TURNER, WILLIAMS, MATTHIAS, HART, ZIMMERMAN and BETTMAN, JJ., concur.