BEDNARIK v. THE STATE OF OHIO, 159 Ohio St. 596 (1953)

112 N.E.2d 817

BEDNARIK v. THE STATE OF OHIO ET AL.

No. 33378Supreme Court of Ohio.
Decided June 3, 1953.

Habeas corpus — Not available to review errors of court of competent jurisdiction — Adequate remedy afforded by appeal.

IN HABEAS CORPUS.

The petitioner was indicted on a charge of murder in the first degree, tried and found guilty, and is now serving a sentence of life imprisonment in the Ohio Penitentiary. He seeks his release by this proceeding in habeas corpus originating in this court. He alleges that his confinement is illegal, and that he has been deprived of his rights of due process and equal protection of the law, in violation of the Constitutions of Ohio and the United States.

Petitioner contends that he was denied a prompt

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hearing and an opportunity to obtain legal counsel at the time of arrest; that the trial court committed prejudicial error in the admission of evidence and in ordering a joint trial; and that the verdict was against the weight of the evidence.

Mr. Joseph Bednarik, in propria persona.
Mr. C. William O’Neill, attorney general, and Mr. Thomas R. Lloyd, for respondents.

Per Curiam.

The remedy for the review of alleged errors in the preliminary hearing and in the trial of one indicted for crime is by appeal and not by habeas corpus, where the committing court had jurisdiction of the subject matter and the person. In re Ames, 155 Ohio St. 184, 98 N.E.2d 2; In re Levenson, 154 Ohio St. 278, 95 N.E.2d 760.

Petitioner remanded to custody.

WEYGANDT, C.J., MIDDLETON, MATTHIAS, HART, ZIMMERMAN and STEWART, JJ., concur.

TAFT, J., concurs in the judgment.