Opinion
No. 36316
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 for inducing illicit intercourse, permitting it upon his premises and harboring a female for purposes of prostitution. He was tried, convicted and sentenced.
Petitioner claims as grounds for his release nonjurisdictional errors and irregularities such as illegal search and seizure, suppression of evidence, insufficient evidence to warrant conviction, and multiple counts in the indictment.
Mr. William Foy Turpin, in propria persona. Mr. Mark McElroy, attorney general, Mr. Aubrey Wendt and Mr. John J. Connors, Jr., 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.