172 N.E.2d 913
No. 36769Supreme Court of Ohio.
Decided March 15, 1961.
Habeas corpus — Not available as substitute for adequate remedy by appeal.
IN HABEAS CORPUS.
Petitioner, Giles, has invoked the original jurisdiction of this court by this proceeding in habeas corpus to obtain his release from the penitentiary.
Petitioner was indicted for the crimes of rape and unlawfully and feloneously carrying a concealed weapon. He was represented by counsel, tried, convicted and sentenced to the penitentiary. He contends that there were irregularities occurring both before indictment and during trial which entitle him to release.
Mr. Palmer Giles, in propria persona.
Mr. Mark McElroy, attorney general, and Mr. Aubrey A. Wendt, for respondent.
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Per Curiam.
Petitioner had an adequate remedy by way of appeal from the judgment of conviction and sentence to review the alleged 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 O’NEILL, JJ., concur.