Summary
In Adams v. Humphreys, 54 Ga. 496, it was held that the declarations of an agent are not competent evidence against his principal where it does not appear when they were made.
Summary of this case from Noel Cons. Co. v. Armored Con. Co.Opinion
No. 85-2008
Decided November 26, 1986.
Habeas corpus — No substitute for appeal.
APPEAL from the Court of Appeals for Hocking County.
This is an appeal as of right from the dismissal of a petition for a writ of habeas corpus by the court of appeals.
Appellant was indicted for aggravated murder and drug abuse. He was subsequently convicted in the Court of Common Pleas of Clark County of voluntary manslaughter and drug abuse.
In the habeas corpus action below, appellant alleged that he was insane at the time such offenses were committed. Thus, he contends, the trial court should not have dismissed his not guilty by reason of insanity plea and accepted his guilty plea, even though appellant was represented by counsel.
Winford Adams, pro se. Anthony J. Celebrezze, Jr., attorney general, and Alexander G. Thomas, for appellee.
While the facts here are sparse, leaving some doubt as to whether appellant's conviction was the result of a trial or of a guilty plea, the dismissal of the habeas corpus action below was nonetheless proper because such action may not be used as a substitute for appeal. Stahl v. Shoemaker (1977), 50 Ohio St.2d 351, 354 [4 O.O. 3d 485], and In re Piazza (1966), 7 Ohio St.2d 102, 103 [36 O.O. 2d 84].
For reason of the foregoing, the judgment of the court of appeals is hereby affirmed.
Judgment affirmed.
CELEBREZZE, C.J., SWEENEY, LOCHER, HOLMES, C. BROWN, DOUGLAS and WRIGHT, JJ., concur.