175 N.E.2d 174
No. 36881Supreme Court of Ohio.
Decided May 31, 1961.
Habeas corpus — Not available as substitute for adequate remedy by appeal.
IN HABEAS CORPUS.
Petitioner, Baker, has invoked the original jurisdiction of this court by this proceeding in habeas corpus to obtain his release from the penitentiary.
He was indicted for unlawfully assaulting and taking indecent and improper liberties with the person of a minor under 16 years of age, without committing or intending to commit rape upon such child, and was tried to a jury, found guilty, and sentenced to the penitentiary. He sets forth, as grounds for his release, various alleged pretrial and trial irregularities and errors which he seeks to have reviewed in this proceeding.
Mr. James L. Baker, in propria persona.
Mr. Mark McElroy, attorney general, and Mr. Aubrey A. Wendt, for respondent.
Per Curiam.
Petitioner had an adequate remedy by way of appeal from the judgment of conviction and sentence to review the alleged irregularities and errors 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, RADCLIFF and O’NEILL, JJ., concur.
RADCLIFF, J., of the Fourth Appellate District, sitting by designation in the place and stead of HERBERT, J.
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