NELSON v. ALVIS, WARDEN, 170 Ohio St. 358 (1960)

165 N.E.2d 9

NELSON, APPELLANT v. ALVIS, WARDEN, APPELLEE.

No. 36234Supreme Court of Ohio.
Decided February 24, 1960.

Habeas corpus — Not available as substitute for adequate remedy by appeal.

APPEAL from the Court of Appeals for Franklin County.

This action in habeas corpus was instituted in the Court of Appeals by appellant, Nelson, to obtain his release from the Ohio Penitentiary where he is serving a sentence based on a judgment of conviction of armed robbery.

Appellant assigned as reasons for granting the relief sought denial of a speedy trial, being held incommunicado for four days, misconduct of the prosecuting attorney, conflicting and incredible testimony, and insufficient evidence to warrant a verdict of guilty.

Page 359

The Court of Appeals denied the relief sought and remanded appellant to the custody of appellee.

An appeal as of right brings the cause to this court for review.

Mr. Nathaniel Nelson, in propria persona.
Mr. Mark McElroy, attorney general, and Mr. John J. Connors, Jr., for appellee.

Per Curiam.

Appellant had an adequate remedy by way of appeal from the judgment of conviction to review the alleged errors of which he complains, and the Court of Appeals properly denied him such a review by way of a proceeding in habeas corpus.

Judgment affirmed.

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