Opinion
No. 32128
Decided March 28, 1951.
Habeas corpus — Not available to review errors of court of competent jurisdiction — Adequate remedy afforded by appeal.
IN HABEAS CORPUS.
The petitioner was indicted on a charge of murder, tried and found guilty, and is now serving a sentence of life imprisonment in the Ohio penitentiary wherein he was incarcerated on August 9, 1947. He seeks his release by this proceeding in habeas corpus instituted originally in this court, contending that the committing court failed to observe statutory formalities required by law, and that his conviction was therefore in violation of his constitutional right to due process. No claim is made that the committing court was without jurisdiction of petitioner's person or of the subject matter, or that an appeal from the judgment of conviction was attempted.
Mr. Charles Ames, in propria persona. Mr. C. William O'Neill, attorney general, and Mr. Max H. Dennis, for respondent warden.
The remedy for review of errors or irregularities in the conduct of a criminal trial or sentence after conviction is by appeal and not by habeas corpus, where the committing court had jurisdiction of the subject matter and the person. Ex parte Van Hagan, 25 Ohio St. 426; In re Whitmore, 137 Ohio St. 313, 29 N.E.2d 363; In re Burson, 152 Ohio St. 375, 89 N.E.2d 651.
Petitioner remanded to custody.
WEYGANDT, C.J., ZIMMERMAN, MIDDLETON, MATTHIAS and HART, JJ., concur.
STEWART and TAFT, JJ., concur in the judgment for the reasons stated in the concurring opinion in In re Levenson, 154 Ohio St. 278.