Opinion
No. 36844
Decided May 31, 1961.
Habeas corpus — Not available as substitute for adequate remedy by appeal.
IN HABEAS CORPUS.
The petitioner, Austin, has invoked the original jurisdiction of this court by this proceeding in habeas corpus to obtain his release from the penitentiary.
Three indictments were returned against petitioner, charging the issuing of a check with insufficient funds, an attempt to escape from confinement, and forgery. He pleaded not guilty to all three charges, was tried to a jury on the charge of issuing a check with insufficient funds, and was found guilty. He thereafter withdrew his pleas of not guilty to the other two indictments and entered pleas of guilty. He was sentenced to the penitentiary on all three indictments and is serving the three sentences concurrently. He contends that he has been denied due process and was imprisoned on two indictments without trial.
Mr. Howard V. Austin, in propria persona. Mr. Mark McElroy, attorney general, and Mr. John J. Connors, Jr., for respondent.
Petitioner had an adequate remedy by way of appeal from the judgment of conviction and sentence to review the alleged errors and 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, RADCLIFF and O'NEILL, JJ., concur.
RADCLIFF, J., of the Fourth Appellate District, sitting by designation in the place and stead of HERBERT, J.