Opinion
No. 36278
Decided February 24, 1960.
Habeas corpus — Not available as substitute for adequate remedy by appeal.
IN HABEAS CORPUS.
Petitioner has invoked the original jurisdiction of this court by a petition in habeas corpus to obtain his release from the Ohio Penitentiary where he is serving a sentence based on a judgment of conviction, in 1930, of murder in the first degree with recommendation of mercy. He assigns as reasons for granting the relief sought alleged errors and irregularities of a nonjurisdictional nature.
Mr. Charles F. Hanovich, in propria persona. Mr. Mark McElroy, attorney general, Mr. Aubrey Wendt and Mr. John J. Cannors, Jr., for respondent.
The trial court had jurisdiction of the person of the petitioner and of the offense with which he was charged. Petitioner had an adequate remedy by appeal from the judgment of conviction to review the alleged errors and irregularities 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.