No. 36974 | Ohio | Jul 12, 1961
Whether the petitioner was rightfully or improperly convicted of a misdemeanor while he was on parole and for which he served a jail sentence is immaterial in the present proceeding in which he seeks his release from the penitentiary and from the remainder, of his sentence for the felony.
The right of a parolee to remain on parole is a privilege which may be granted or revoked at the discretion of the Pardon and Parole Commission. Ex parte Tischler, 127 Ohio St., 404" date_filed="1933-12-20" court="Ohio" case_name="Ex Parte Tischler">127 Ohio St., 404. Furthermore, the action of the Pardon and Parole Commission in declaring a paroled convict to be a parole violator and in revoking his parole is not reviewable in a habeas corpus proceeding. In re Varner, 166 Ohio St., 340.
Petitioner remanded to custody.