Opinion
No. 39244
Decided May 5, 1965.
Habeas corpus — Not available as substitute for adequate remedy by appeal — Arrest without warrant — Probable cause.
IN HABEAS CORPUS.
This is an action in habeas corpus originating in this court. Petitioner, James L. Valentine, is presently incarcerated in the Ohio Penitentiary pursuant to a 1964 conviction of four counts of armed robbery.
As a basis for his release in this action, petitioner alleges that he was arrested without a warrant and without probable cause, that he was subjected to an illegal search of both his person and his hotel room at the time of the arrest, that his hotel room was illegally searched again and two suitcases taken therefrom after his arrest, that there was an undue delay in bringing him before a magistrate, and that he did not have counsel during the preliminary proceedings.
Mr. James Valentine, in propria persona. Mr. William B. Saxbe, attorney general, and Mr. William C. Baird, for respondent.
The issues raised by petitioner are not cognizable in habeas corpus but must be raised by means of the statutory post-conviction remedy of appeal. Walker v. Maxwell, Warden, 1 Ohio St.2d 136.
Petitioner remanded to custody.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, HERBERT, SCHNEIDER and BROWN, JJ., concur.