167 N.E.2d 780
No. 36343Supreme Court of Ohio.
Decided May 25, 1960.
Habeas corpus — Not 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 on a charge of burglary of an inhabited dwelling during the night season, was represented by counsel, pleaded guilty, and was sentenced. He claims as grounds for his release alleged errors or irregularities of a nonjurisdictional nature.
Mr. Robert Coulton, in propria persona.
Mr. Mark McElroy, attorney general, Mr. Aubrey Wendt and Mr. William Boyko, for respondent.
Per Curiam.
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.
Page 54
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