Opinion
No. 36032
Decided November 25, 1959.
Habeas corpus — Not available to review errors in conduct of trial — Adequate remedy of appeal exercised.
IN HABEAS CORPUS.
Petitioner has invoked the original jurisdiction of this court by a petition in habeas corpus to obtain his release from the Ohio Penitentiary where he is serving a sentence based on a judgment of conviction of armed robbery.
Petitioner assigns as reasons for granting the relief sought that the amendment of the indictment before trial was illegal; that the court erred in charging the jury; that petitioner was inadequately represented by counsel; and that petitioner was denied due process "by the presentment of perjured testimony."
Mr. Clarence Dye, in propria persona. Mr. Mark McElroy, attorney general, Mr. William M. Vance, Mr. Aubrey A. Wendt and Mr. Walter M. Shea, for respondent.
The trial court had jurisdiction of the person of the petitioner and of the offense with which he was charged. Petitioner had and exercised the adequate remedy of appeal (appeal dismissed, 167 Ohio St. 176, 146 N.E.2d 604, certiorari denied, 358 U.S. 45, 3 L. Ed. [2d], 44, 79 S. Ct., 37) from the judgment of conviction to review alleged errors and cannot now have another review by a proceeding in habeas corpus. Chapman v. Alvis, Warden, 169 Ohio St. 359, 159 N.E.2d 453.
Petitioner remanded to custody.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and PECK, JJ., concur.