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Creagh v. Alvis

Supreme Court of Ohio
Feb 24, 1960
164 N.E.2d 740 (Ohio 1960)

Opinion

No. 36279

Decided February 24, 1960.

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

IN HABEAS CORPUS.

The petitioner, who seeks his release from the Ohio Penitentiary by this habeas corpus proceeding instituted in this court, was indicted for the crime of armed robbery, tried, convicted and sentenced.

Petitioner claims as grounds for his release that he was denied due process because an unreasonable time elapsed before arraignment; that perjury was committed by a witness for the prosecution; and that counsel appointed to represent him was inefficient.

Mr. Matthew T. Creagh, in propria persona. Mr. Mark McElroy, attorney general, and Mr. Richard V. Patchen, for respondent.


Petitioner had an adequate remedy by way of appeal from the judgment of conviction to review the alleged errors 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.


Summaries of

Creagh v. Alvis

Supreme Court of Ohio
Feb 24, 1960
164 N.E.2d 740 (Ohio 1960)
Case details for

Creagh v. Alvis

Case Details

Full title:CREAGH v. ALVIS, WARDEN

Court:Supreme Court of Ohio

Date published: Feb 24, 1960

Citations

164 N.E.2d 740 (Ohio 1960)
164 N.E.2d 740