
    Bailey, Appellant, v. Alvis, Warden, Appellee.
    (No. 36711
    Decided February 1, 1961.)
    
      
      Mr. Milton H. Schmidt, for appellant.
    
      Mr. Mark McElroy, attorney general, and Mr. Aubrey A. Wendt, for appellee.
   This appeal as of right is dismissed for the reasons that there is nothing in the record of this habeas corpus proceeding by bill of exceptions or otherwise to show what evidence was before the Common Pleas Court and nothing to show that that court was not justified on the evidence at the hearing before it in remanding defendant to custody.

Appeal dismissed.

Weygandt, C. J., Zimmerman, Taft, Matthias, Bell, Herbert and O’Neill, JJ., concur.  