Opinion
No. 37210
Decided February 14, 1962.
Habeas corpus — Not available as substitute for adequate remedy by appeal — Armed robbery.
APPEAL from the Court of Appeals for Franklin County.
The petitioner, Evans, appellant herein, was indicted for armed robbery. Upon arraignment he pleaded not guilty, but later withdrew that plea and entered a plea of guilty, and was sentenced to the Ohio Penitentiary where he is now confined.
He seeks his release from the penitentiary by this proceeding in habeas corpus instituted in the Court of Appeals. He claims as ground for his release that the indictment was void in that it failed to include certain essential elements of the offense of armed robbery, and that the sentencing court was therefore without jurisdiction to render judgment.
The Court of Appeals denied the relief sought.
An appeal as of right brings the cause to this court for review.
Mr. John H. Evans, in propria persona. Mr. Mark McElroy, attorney general, and Mr. John J. Connors, Jr., for appellee.
There is a distinction between a court acting without jurisdiction and acting with jurisdiction but erroneously. The trial court had jurisdiction of the person of appellant and of the subject matter, i.e., jurisdiction to try the appellant for the crime for which he was indicted. Appellant could have objected to the alleged irregularities in the indictment and had an adequate remedy by way of appeal from an adverse judgment to review the alleged errors and irregularities of which he here complains. He cannot now have such a review by a proceeding in habeas corpus. See State v. Wozniak, 172 Ohio St. 517, 522.
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.