Decided February 3, 1960.
Habeas corpus — Not available as substitute for adequate remedy by appeal.
IN HABEAS CORPUS.
The petitioner, Simmons, who seeks his release from the Ohio Penitentiary by this habeas corpus proceeding instituted in this court, was indicted for a crime punishable by imprisonment in the penitentiary, tried, convicted and sentenced. On appeal, the Court of Appeals affirmed the judgment of conviction, and a motion for leave to appeal to this court was overruled.
Petitioner contends that the indictment did not set forth a violation of the statute on which the criminal charge was based, and that the statute is ambiguous.
Mr. James F. Shumaker, for petitioner.
Mr. Mark McElroy, attorney general, Mr. Aubrey A. Wendt and Mr. William M. Vance, for respondent.
Petitioner had and exercised an adequate remedy by way of appeal from the judgment of conviction to review the alleged errors 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.