Opinion
No. 36338
Decided May 18, 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 a violation of Sections 2901.24 and 2905.04, Revised Code, and sentenced.
Petitioner claims as grounds for his release improper commitment to Lima State Hospital for observation; being twice in jeopardy for one improper act; and continuance of trial date without hearing in open court.
Mr. Paul Grear, 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.