199 N.E.2d 883
No. 38732Supreme Court of Ohio.
Decided June 24, 1964.
Habeas corpus — Petitioner’s guilt or innocence not cognizable in habeas corpus proceeding — Appeal available.
IN HABEAS CORPUS.
This is an action in habeas corpus originating in this court. In September 1960, the Grand Jury of Summit County returned an indictment charging petitioner, Richard Hearns, with one count of breaking and entering an inhabited dwelling in the
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night season and one count of grand larceny. The petitioner, while represented by counsel, was tried to and found guilty by a jury on both counts. An appeal was perfected to the Court of Appeals, which court affirmed the conviction, and a motion for leave to appeal was overruled by the Supreme Court of Ohio.
Mr. Richard Hearns, in propria persona.
Mr. William B. Saxbe, attorney general, and Mr. William C. Baird, for respondent.
Per Curiam.
Petitioner’s sole contention in this case is that the prosecution did not prove the essential elements of the crimes for which petitioner was charged. Petitioner urges that he could not be guilty of burglary because the house which was burglarized belonged to his sister, that he had a key thereto and permission to enter it at any time. Based on this, he contends that since he could not be guilty of burglary he also could not be guilty of larceny. In addition to his legal contentions, petitioner denies any guilt of the crimes.
The matters which petitioner urges relate to his claimed innocence of the crime. It is well established that the guilt or innocence of an accused of the crime for which he was convicted is not a question cognizable in habeas corpus but can be reached only by appeal. In re Poage, 87 Ohio St. 72; and Spence v Sacks, Warden, 173 Ohio St. 419.
Petitioner remanded to custody.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O’NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.
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