167 N.E.2d 499
No. 36312Supreme Court of Ohio.
Decided May 18, 1960.
Habeas corpus — Not available as substitute for adequate remedy by appeal — Assault.
IN HABEAS CORPUS.
The petitioner, Cato, was indicted on three counts, (1) assault with intent to rob, (2) maliciously shooting with intent to wound and (3) maliciously shooting at another with intent to wound. He pleaded guilty to counts one and two and not guilty to count three. He waived a jury trial and was tried by a three-judge court, found guilty and given an indeterminate sentence on each count, to run consecutively.
Petitioner seeks his release from the penitentiary by this proceeding in habeas corpus instituted in this court. He attacks the multiple counts in the indictment and the sentence imposed under the indeterminate sentence law.
Mr. Wilford W. Cato, in propria persona.
Mr. Mark McElroy, attorney general, and Mr. Aubrey Wendt, for respondent.
Per Curiam.
Petitioner had an adequate remedy by way of appeal from the judgment of conviction to review the alleged errors
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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.