IN RE GIBSON, 168 Ohio St. 341 (1958)

155 N.E.2d 54

IN RE GIBSON: GIBSON v. ALVIS, WARDEN.

No. 35601Supreme Court of Ohio.
Decided December 17, 1958.

Habeas corpus — Not available to review errors in conduct of trial — Adequate remedy afforded by appeal.

IN HABEAS CORPUS.

The petitioner, Gibson, who seeks his release from the Ohio Penitentiary by this habeas corpus proceeding instituted in this court, was indicted on charges of illegal possession and illegal sale of narcotics, tried, convicted, and sentenced.

Petitioner contends that he is illegally confined because the offenses of which he was convicted were committed at the same time and were parts of a continuous criminal act inspired by the same criminal intent and susceptible to but one punishment, and that, therefore, the judgment and sentence were void and beyond the jurisdiction of the court to render and impose. The court’s jurisdiction of the crime and the person of petitioner was not questioned.

Mr. Ernest Gibson, in propria persona.
Mr. William Saxbe, attorney general, and Mr. William M. Vance, for respondent.

Per Curiam.

The questions raised by petitioner could have been determined on appeal from the judgment of conviction. Habeas corpus cannot be made a substitute for appeal.

Petitioner remanded to custody.

WEYGANDT, C.J., ZIMMERMAN, STEWART, TAFT, MATTHIAS, BELL and HERBERT, JJ., concur.

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