Opinion
No. 36385
Decided July 13, 1960.
Habeas corpus — Not available as substitute for adequate remedy by appeal.
IN HABEAS CORPUS.
The petitioner, who seeks his release from the Ohio Penitentiary by this habeas corpus proceeding instituted in this court, was indicted, tried, found guilty of rape and incest, and sentenced.
Petitioner claims as grounds for his release that he was not tried according to the indictment, that he does not have a proper legal sentence for the crime with which he was accused, and that there was no legal charge in the indictment.
Mr. Charles W. Larch, in propria persona. Mr. Mark McElroy, attorney general, and Mr. Aubrey Wendt, for respondent.
Petitioner had an adequate remedy by way of appeal from the judgment of conviction to review the alleged errors or irregularities of which he here complains and cannot now have such a review by a proceeding in habeas corpus.
Petitioner remanded to custody.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and PECK, JJ., concur.